Patna Court May 1996 Judgments
Nanhak Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: May-30-1996
Lok Nath Prasad, J.1. This revision is directed against the order dated 27.8.1993 passed by Shri K.N. Sah, Asstt. Session Judge, Chatra in S.T. No. 280/92 through which all these three petitioners were convinced and sentenced to undergo R.I. for 7 years and also against the judgment and order dated 16.6.94 passed in Cr. Appeal No. 210/93 by Shri Ramayan Pandey, Addl. Session Judge, Chatra through which the order of conviction passed by the Asstt. Session Judge Chatra as mentioned above was confirmed and the appeal was dismissed.2. The fact in short for the purpose of this revision is that it is the prosecution case that on 28.7.91 the informant, Doman Mahto along with his co-villagers, namely, Jagdish Das, Puran Mahto, Baldeo, Lurki Devi, Latan Mahto etc. had gone to Sheregarha weekly market and they were returning to their home village Dahu but at about 7 p.m. or so when they reached near Hanumansthan Chowk of village Dahu within Tandwa P.S. then found that all in a sudden 8 persons ...
Tag this Judgment!Parmeshwar Prasad Mehta Vs. State of Bihar
Court: Patna
Decided on: May-24-1996
N.N. Singh, J.1. This is an appeal against the judgment dated 22nd August, 1994, passed by Sri Eric Machyari, 4th Addl. Session Addl. Sessions Judge, Hazaribagh, in S.T. No 255 of 1985, whereby he convicted this appellant under Section 302, 307 IPC and also under Section 4 of the Explosive Substance Act and sentenced him to undergo imprisonment for life under Section 302 IPC and further to undergo rigorous imprisonment for seven years on each count under Section 307 IPC and under 4 of the Explosive Substance Act, with a direction that the sentences would run concurrently.2. Shortly stated, the case of the prosecution as mentioned in the 'fardbeyan' Ext 6 is that in the night of 14th July, 1983, at about 11-12 p.m. when the informant Rohini Devi and her husband Panchal Mistry were sleeping in their house at village Dandai Kala, P.S. Sadar, District Hazaribagh, some 3 or 4 persons knocked the door and when Panchal opened the door, he was dragged away by the miscreants and after some tim...
Tag this Judgment!Smt. Moutushi Bhattacharjee Vs. Barun Kumar Bhattacharjee
Court: Patna
Decided on: May-24-1996
Prasun Kumar Deb, J.1. Both the appeals are taken up together as they arise out of the common judgment passed by Shri L.K. Sahay, the then 3rd Additional Judicial Commissioner, Ranchi, in Matrimonial (Title) Suit No. 6 of 1988 and 10 of 1988, they were heard together as they arise out of the same party and same and similar dispute arose between the parties.2. Admittedly the appellant and the respondent were married and their marriage was registered under the Special Marriage Act on 28.10.1986 in Calcutta within the jurisdiction of Marriage Officer, Alipore. In that marriage, from the side of the appellant, her father was present while for and on behalf of the respondent, her mother was also present. After the marriage they lived together in Calcutta then some times at Jamshedpur and lastly at Ranchi.3. It is the allegation of the appellant that the marriage was an arranged one fraud was practised from the side of the respondent in giving biodata of the respondent. He was shown to be c...
Tag this Judgment!Satya Narayan Lakra Vs. State of Bihar and ors.
Court: Patna
Decided on: May-24-1996
S.K. Chattopadhyaya, J.1. The point for consideration in this appeal is as to whether, in the facts and circumstances of this case, the view taken by the Apex Court in the case of Sarguja Transport Service v. State Transport Appellate Tribunal, Givalior and Ors. reported in : [1987]1SCR200 is applicable or not.2. In order to enter into the domain of the contending claims of the respective parties, it would be appropriate to portray the factual backgrounds:The appellant being aggrieved by the notification dated 8.9.95, transferring him to Lohardagga, moved this Court in CWJC No. 3022/95 (R). The said writ application was filed on 19.10.95 and before any effective order was passed, the private respondent No. 5 filed his counter affidavit on 15.11.95. The case was listed for admission before a learned Single Judge on 9.12.95 when the said writ application was permitted to be withdrawn by the following order:Mr. Pandey M.M.P. Sinha seeks permission to withdraw this application which is no...
Tag this Judgment!Smt. Maan Kaur and ors. and Vs. Rizwanur Rahman and ors.
Court: Patna
Decided on: May-24-1996
Prasun Kumar Deb, J.1. Both these appeals are taken up together for disposal as they arise out of the common judgment passed by the Additional Judicial Commissioner, Ranchi, in Title Appeal No. 106/1975 and Title Appeal No. 124 of 1975. The plaintiff-respondent No. 1 namely, Bilquin Jamai Begum filed Title Suit No,, 192/21 of 1972/75, before the Subordinate Judge, Ranchi, for a decree for demolition of the top projections over the windows of defendant No. 1's building on the first floor and for closure of all openings on the ground floor and first floor of the defendant No. 1's building on the northern wall and also prayer has been made for perpetual injunction against both the defendants restraining them from tress-passing upon the plaintiffs passage. The suit was contested by both the application who were defendant No. 1 and 2 in the ' original suit by filling separate written statements. Defendant No, 2 Sardar Darshan Singh is admittedly a tenant in a portion of the building belong...
Tag this Judgment!Ramchandra Prasad Bhagat and ors. Vs. Jagdish Prasad Mishra
Court: Patna
Decided on: May-23-1996
P.K. Deb, J.1. This Revision petition has arisen under Section 14 (8) of the Bihar Buildings (Rent, Lease and Eviction) Control Act, 1982 (hereinafter referred to as the Act) against the judgment and decree for eviction passed by the Munsif at Daltonganj in Title (Eviction) Suit No. 15 of 1993.2. The Opposite Party-plaintiff filed the above mention suit on the ground of necessity for setting up his son Bishny Dutt Mishra in wholesale medicine business in the suit premises. According to the plaintiff there was no other suitable accommodation and commodious place to set up his aforesaid son for carrying on his wholesale business of medicine.It was contested by the defendants-petitioners assailing that the Opposite Party was not the landlord and owner of the building in question and that the Opposite Party did not reasonably and in good faith required the building for the use and occupation of his son. According to the defendant-petitioner, it was merely a devise to evict the petitioners...
Tag this Judgment!Md. Mateen Vs. State of Bihar
Court: Patna
Decided on: May-23-1996
B.P. Singh and P.K. Sarkar, JJ.1. The appellant herein has appealed against his conviction and sentence by the 4th Addl. Judicial Commissioner, Ranchi, who found the appellant guilty of the offence under Section 302 IPC and sentenced him to rigorous imprisonment for life. The appellant was charged of offences under Section 302 and 304B IPC and was tried along with two others namely his mother Gosan Are and Anr. lady Mahabeen Khatoon who were charged of the offence under Section 302/109 IPC. The appellant is an advocate by profession and the victim was his wife Sajda who is alleged to have been burnt to death by the appellant by setting her on fire at about 3 p.m. on the 4th of June, 1992. The ostensible reason for the appellant to commit the offence appears to be extra marital involvement with Mahjabeen (co-accused), which was objected to by the deceased. The aforesaid Mahjabeen has been acquitted of the charge levelled against her and similarly Gosan Ara, mother of the appellant has ...
Tag this Judgment!Jai Narayan Khaw Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: May-23-1996
N. Pandey, J.1. In this petition, under Article 226 and 227 of the Constitution of India, the petitioner has invoked the writ jurisdiction of this Court for quashing of the Deputy Director General of Police Central Reserve Police Force, dated 6th June, 1989, under Section 12(1) of the Central Reserve Police Force Act, 1949 (hereinafter referred to as 'the Act'), contained in Annexure-2 whereby and whereunder the petitioner has been dismissed from service for his misconduct.2. It appears, at the relevant time, while the petitioner was proceeding as convoy commander of the 1st Bn. CRPF, deserted the convoy enroute at Gopalganj, on 29th June, 1987 and reported his own Unit Head Quarter on 11th July, 1987. Thus he committed an offence as defined under Section 10 (M), (N) and (P) of the Act.3. In the background of the aforesaid allegations, the Deputy Superintendent Officer Commanding filed a written complaint in the Court of the Judicial Magistrate, 1st Class 1st Bn. CRPF, Churachandpur, ...
Tag this Judgment!Sugambar Kaur Vs. State of Bihar
Court: Patna
Decided on: May-23-1996
Bisheshwar Prasad Singh, J.1. The sole appellant in this appeal stands convicted and sentenced under Sections 376/448 IPC by the judgment and order passed by 3rd Additional Judicial Commissioner, Ranchi, dated 30th May, 1990, in S.T. No. 312/87. The trial court having regard to the fact that the appellant was aged about 76 years on the date of conviction, sentenced him to undergo rigorous imprisonment for five years under Section 376 IPC, but passed no separate sentence under Section 448 IPC. The appellant has preferred this appeal, praying that his conviction and sentence be set aside.2. The prosecutrix who is also the informant in this case as well as the appellant are the residents of the same village, Bhatkhijri, police station, Lohardaga. It is the case of the prosecution that on 19.12.82, at about 7 a.m. while the informant was preparing 'Murhi' in her house and was alone, the appellant came there and forcibly dragged her inside the room and committed rape upon her. While the ap...
Tag this Judgment!Nand Lal Sahu and ors. Vs. State of Bihar
Court: Patna
Decided on: May-23-1996
Loknath Prasad, J.1. This appeal is directed against the judgment of conviction dated 28th March, 1995 passed by Sri Bal Govind Prasad, 3rd Additional judicial Commissioner, Ranchi in S.T. No. 575 of 1993 through which all those appellants were found guilty under Section 304B of the Indian Penal Code and they were sentenced to undergo rigorous imprisonment for ten years each and further these appellants were also found guilty under Section 498A of the Indian Penal Code and they were sentenced to under go rigorous imprisonment for three years each and it was further ordered that both the sentences will run concurrently.2. The fact, in short, leading to the conviction of these appellants is that daughter of the informant was married with Sheopujan Sahu, appellant No. 3, about four years prior to the institution of the case and it has been alleged by the informant, the father of the deceased, namely, Pushpa Devi, that on 1.3.93, Santosh Sahu, the younger brother of the son-in-law of the ...
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