Jharkhand Court March 2007 Judgments
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Murari Lal Agarwala and ors. Vs. State of Bihar
Court: Jharkhand
Decided on: Mar-30-2007
Reported in: 2008CriLJ314; [2008(1)JCR69(Jhr)]
R.R. Prasad, J.1. All the four appellants were put on trial to face charges under Sections 147 and 307 of the Indian Penal Code, on the allegation that they along with 3 to 4 unknown persons after forming unlawful assembly committed rioting and made an attempt to commit murder of the informant, Pradeep Kumar Agarwalla, PW 5. However, learned trial Court found the appellants guilty under Sections 147 and 323 of Indian Penal Code, and sentenced each of them to undergo rigorous imprisonment for one year on each count. Both the sentences were ordered to be run concurrently.2. The case of the prosecution is that on 12.5.1986 at about 9.15 p.m. while the informant, Pradeep Kumar Agarwalla, PW 5, was returning home from Purani Bazar and as soon as reached near the electric sub-station, the appellants and 3 to 4 unknown persons accosted him there and then the appellant, Prakash Ritolia, told him that he has to now face consequences for lodging a case against them and thereafter all the accused...
indu Bhushan Dwivedi Vs. the State of Jharkhand Through the Principal ...
Court: Jharkhand
Decided on: Mar-29-2007
Reported in: 2007(2)BLJR1294; [2007(3)JCR272(Jhr)]
M. Karpaga Vinayagam, C.J.1. Indu Bhushan Dwivedi, the petitioner herein, aggrieved by the order of the Government dated 22.02.2006 dismissing him from service from the post of Sub Divisional Magistrate, Chaibasa on the basis of the recommendations sent by the High Court through the letter dated 30.01.2006, has filed this writ petition praying to quash the same and to grant consequential benefits.2. The short facts, relevant for the disposal of the writ petition, are as follows.3. The petitioner was appointed as a Munsif in the year 1982. He was promoted in the year 1986 and posted as a Sub Divisional Judicial Magistrate, Madhubani. In the year 1989, he was transferred to Chaibasa as Sub Divisional Judicial Magistrate.4. On 02.07.2003 a news was published in the daily newspaper 'Dainik Jagran' alleging that the petitioner assaulted the accused, who was remanded before him in his residence and the constable escorting the said accused. On noticing this news, the petitioner sent a letter ...
Sikandar Ansari Vs. the State of Bihar (Jharkhand)
Court: Jharkhand
Decided on: Mar-29-2007
Reported in: 2007(2)BLJR1320; 2007CriLJ3092; [2007(4)JCR577(Jhr)]
1. This appeal is directed against the judgment dated 29.6.1998 passed by the Additional Sessions Judge, Sahebganj, in S.T. No. 246 of 1995, whereby he was convicted for the offence under Section 396 IPC and sentenced to undergo rigorous imprisonment for life .2. Facts of the case, stated briefly, is that on the night of 25/26th September, 1994, a dacoity was committed in the house of the informant (PW4) in presence of all the members of the family, including father, mother and sister and household articles were looted away by the dacoits. On hearing alarms, one neighbouring resident namely Dhana Hansda came to the house of the informant, but he was caught by the dacoits and one of them shot at him from point-blank range causing his instant death. The matter was reported to the police in the evening on the following day and on the basis of the report, the case was registered against unknown persons for the offence under Section 396 of the Indian Penal Code.The present appellant who was...
Suresh Pandey and U.N. Jha Vs. the State of Jharkhand,
Court: Jharkhand
Decided on: Mar-28-2007
Reported in: 2007(2)BLJR1573; [2007(115)FLR894]; [2007(4)JCR375(Jhr)]
R.R. Prasad, J.1. This writ application has been filed under Article 226 of the Constitution of India, wherein on amongst others prayer has been made to quash the order dated 15.9.2003 passed by the Sub Divisional Judicial Magistrate, Bokaro in I.D. Case No. 2 of 2002, whereby the cognizance purported to be under Section 29 of the Industrial Disputes Act for contravention of Section 18 of the Industrial Disputes Act has been taken and consequently processes have been issued against the petitioners.2. The facts giving rise to this application are that as per the case of the petitioners, one Anil Kumar, respondent No. 3, was appointed by the Bokaro Steel Sports and Recreation Council, Bokaro on 1.3.1985, which is an autonomous body, and his service was fully under the control of that Council and has no concerned with the Bokaro Steel Plant. However, on the other hand, it is the case of the respondent No. 3 that he was appointed as Junior Sports Organizer by the management of the Bokaro S...
Mangal Pahariya and Sukhdeo Kumar Mahto Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Mar-28-2007
Reported in: [2007(3)JCR243(Jhr)]
D.P. Singh, J.1. Both the appellants stand convicted for the offences punishable under Sections 376/307/34 of the Indian Penal Code and sentenced to serve rigorous imprisonment for ten years and seven years respectively and to pay a fine of Rs. 5000/- on each count and in defend thereof to further undergo rigorous imprisonment for one year each, by the 1st Additional Sessions Judge, Godda in Sessions Case No. 57 of 2000/22 of 2000.2. Brief facts leading to this appeal are that informant Mangli Paharin had gone to Boarijore 'Haat' in the afternoon of 23.3.2000 along with one Bara Sundari Paharin. Further stated, when both of them went to take laudi, appellant Mangal Pahariya along with co-convict dragged hot towards his house situated east of 'Haat' and thereafter confining inside Khumbha repeatedly raped her. The informant became unconscious and later on found herself near her village bleeding for profusely. She was located by her undo and aunt, P.W.1 and P.W.2 in the afternoon of 24.3...
Tribeni Sao and Hardu Rana and anr. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Mar-28-2007
Reported in: I(2008)DMC524; [2007(3)JCR651(Jhr)]
D.P. Singh, J.1. Since both the appeals, arise out of common judgment, are heard together and are being disposed of by this common judgment.2. Both the appeals are directed against the judgment of conviction and order of sentence dated 8.8.2001 and 13.8.2001 passed by First Additional Sessions Judge, Hazaribagh in Sessions Trial No. 39/95, whereby and whereunder the learned Sessions Judge held appellants Hardu Rana and Nageshwar Rana guilty under Sections 304B and 201, IPC and convicted and sentenced them to undergo RI for seven years and three years respectively. However, sentences were directed to run concurrently. Appellant Tribeni Sao was held guilty under Section 201, IPC only and he was convicted and sentenced to undergo RI for three years.3. The brief facts leading to these appeals are that one Bina Devi, daughter of Ramlal Rana, PW 3 was married with appellant Nageshwr Rana 3-4 years before the alleged date of occurrence. According to the informant, his son-in-law used to deman...
Juwel Minz and anr. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Mar-28-2007
Reported in: [2007(4)JCR346(Jhr)]
D.P. Singh, J.1. Both the appellants stand convicted for the offences punishable under Sections 304 and 323 of the Indian Penal Code and sentenced to serve rigorous imprisonment for seven years and three months each respectively, by the Additional Sessions Judge, Latehar in Sessions Trial No. 521 of 1996.2. Brief facts leading to this appeal are that informant Shashi Bhushan Rai has gone to village Rajdanda in search of PW 1 Rajkumari Harijan, who was required for certain jobs as labour in the morning of 6.3.1996, when appellants assaulted him with fist, slaps and lathi. The incident was seen by villagers. Thereafter, the brother of informant Vidhya Bhushan Rai (PW 6) reached at the place of occurrence and brought his brother for treatment at Mahuadar Referral Hospital.3. The police was informed which arrived at the hospital and recorded the Jardbeyan of the deceased at 10.00 a.m., on the basis of which Mahudar Police Station Case No. 5 of 1996 under Sections 341, 342, 323 and 325 of t...
Veena Devi Vs. Arun Kumar Singh
Court: Jharkhand
Decided on: Mar-28-2007
Reported in: [2008(1)JCR125(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ petition, the petitioner has prayed for enhancement of the maintenance amount from Rs. 1,500/- to Rs. 3,500/- per month. It has been stated that the learned Court below has allowed the amount of maintenance on an application under Section 24 of the Hindu Marriage Act only to the extent of Rs. 1,500/- per month and Rs. 5,000/- as litigation expenses. It has been slated that the said maintenance amount is not sufficient for the petitioner and that it should be enhanced to Rs. 3,500/-.2. Learned Counsel appearing on behalf of the respondent submitted that the learned Court below has considered all aspects and also considered that the petitioner was receiving only Rs. 7,050/- and has come to the conclusion and fixed maintenance amount of Rs. 1,500/- and also directed to pay litigation expenses of Rs. 5,000/-. Learned Counsel submitted that since the date of the order, he has been depositing the said amount and he has also deposited the amount of litigati...
Awadh Nandan Prasad Vs. the Commissioner, Chotanagpur Division (North) ...
Court: Jharkhand
Decided on: Mar-26-2007
Reported in: [2007(3)JCR552(Jhr)]
M.Y. Eqbal, J.1. This appeal under Clause 10 of the Letters Patent is directed against the judgment dated 28.7.1992 passed in CW.J.C. No. 1906 of 1991 (R) whereby the learned Single Judge dismissed the writ petition and refused to interfere with the order of dismissal passed by the Deputy Commissioner, Giridih and affirmed by the Commissioner, North Chotanagpur Division, Hazaribagh.2. The facts of the case lie in a narrow compass:The petitioner-appellant was a Panchayet Sevak and during the relevant time, i.e. 1978-79, he was posted at Udnabad panchayat in Giridih Block. In 1975, he was put under suspension and a disciplinary proceeding was initiated against him on the charges of misconduct. The then Deputy Collector, Land Reforms, was appointed Enquiry Officer who, after completion of enquiry, submitted inquiry report. Appellant's case is that the Enquiry Officer, in his inquiry report, came to the conclusion that the charges have not been proved. Instead of passing final order, the m...
United India Insurance Co. Ltd. Vs. Basir Kindo @ Khudo and ors.
Court: Jharkhand
Decided on: Mar-26-2007
Reported in: [2007(3)JCR446(Jhr)]
1. In this appeal the appellant-insurance company has challenged the judgment and award passed by 1st Additional District Judge-cum-Motor vehicle Accident Claims Tribunal, Gumla by which the Court below has awarded a sum of Rs. 30,000/- for the injury sustained by the claimant under the Motor Vehicle Accident.2. The case of the claimant was that he was traveling on a truck as a labourer for loading and unloading of Boxite. On the way the truck met with an accident and claimant sustained injuries. The owner of the vehicle filed written statement supporting the case of the claimant.3. The Tribunal after findings the evidence adduced by claimant came to the conclusion that the claimant was traveling as labourer in the said vehicle which met with an accident. Considering the nature of the injury sustained by claimant, a sum of Rs. 30,000/- has been awarded.4. Mr. Alok Lal, learned Counsel appearing for the Insurance Company assailed the impugned order on the ground, utter alia, that the cl...
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