Jharkhand Court September 2008 Judgments
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Shakha Yadav @ Indradeo Yadav, Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-01-2008
Reported in: 2009CriLJ464; [2008(4)JCR240(Jhr)]
D.K. Sinha, J.1. All the four appeals are taken up together arising out of common judgment of conviction and order of sentence passed by Shri P.P. Pandey, the learned Additional Sessions Judge, Deoghar in Sessions Case No. 127 of 2002/30 of 2002 arising out of Madhupur PS. Case No. 30 of 2002 whereby the appellants Shakha Yadav @ Indradeo Yadav (Cr. Appeal No. 746/03). Raj Kumar Yadav & Dilip Yadav (Cr. Appeal No. 841/03), Abhimanyu Rawani (Cr. Appeal No. 913/03) and Rakesh Kumar (Cr. Appeal No. 1090/03) were convicted under Section 366-A, IPC and sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. 2,000/- each with default stipulation of two months imprisonment. The appellant Rakesh Kumar (Cr. Appeal No. 1090/03) was further convicted under Section 376, IPC and sentenced to undergo rigorous imprisonment for 10 years with fine of Rs. 5,000/- with default stipulation of imprisonment for a period of 5 months. Both the sentences in respect of the appellant Rakesh Kumar...
Vivek Kumar Lala Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Sep-01-2008
Reported in: [2008(4)JCR235(Jhr)]
ORDERD.K. Sinha, J.1. The petitioner Vivek Kumar Lala has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quash-ment of the entire criminal proceeding in Govindpur (Barwadda) P.S. Case No. 179 of 2004 registered under Sections 409/34 of the Indian Penal Code against him and others pending in the Court of CJM, Dhanbad.2. The factual matrix of the case is that on 12.10.1987 an agreement was entered into between M/s. Rupam Enterprises, a partnership firm and the Bihar State Financial Corporation/opposite party No. 2 herein for grant of loan to the extent of Rs. 11.5 lakhs. The petitioner was one of the partners of M/s. Rupam Enterprises. The partners on behalf of the firm executed several documents including the deed of hypothecation and letter of guarantee in favour of the Bihar State Financial Corporation (BSFC in short) for availing the amount of loan aforesaid. According to the agreement, liability was fixed upon the corporation ...
Aekata Roy @ Ekta Roy Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Sep-01-2008
Reported in: [2008(4)JCR254(Jhr)]
ORDERD.P. Singh, J.1. The present petition has been preferred by the petitioner, Ekta Roy against the order of the learned Court below dated 27.7.2006 by which her petitions for discharge stood rejected along with other co-accused persons.2. The petitioner has been arrayed as an accused along with other accused persons allegedly having married with accused No. 1, Ran Vijay Prasad Deo during the lifetime of complainant O.P. No. 2, Poonam Singh. Cognizance was taken against the petitioner and others and they were summoned to face trial in complaint Case No. 781 of 2004. The complainant has examined herself along with witnesses in support of the allegations.3. When the case was fixed for framing of charge, three petitions were preferred by the petitioner and the other co-accused persons under Sections 227/245, CrPC for their discharge on the ground mentioned in the petition. Rejoinders were filed by the O.P. No. 2. The learned Court below having heard the petitions and rejoinders to pass ...
Manghi Ho Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Sep-01-2008
Reported in: [2008(4)JCR509(Jhr)]
1. The present appeal arises against the impugned judgment of conviction and order of sentence dated 28.9.1991 passed by 2nd Additional Sessions Judge, Singhbhum at Chalbasa in Sessions Trial No. 3 of 1990 whereby, the appellant has been convicted for the offence under Section 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life.2. The prosecution story in short is that the appellant Manghi Ho went to the house of Anand Singh Kuntia (Munda) [PW-9] of village Soma Pancho at about 7.30 p.m. and informed him that he has killed a man by means of a danda. On this Information, PW 9 went to the place of occurrence and saw that a man was lying dead. Then he along with the witness Susil Chaki (PW-5) took the accused to the Police Station and there the Police recorded the statements of PW-1 which was registered as FIR.3. In the FIR, it was alleged that Dilki Kui of his village, aged about 45 years, was remarried with Satari Sundi (deceased) but after the ...
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