Patna Court April 1998 Judgments
State of Bihar Vs. Basawan Rai and ors.
Court: Patna
Decided on: Apr-30-1998
Pramod Kumar Sarin, J.1. All the three appeals arise out of the same Judgment and order dated 18-9-1986 passed by 8th Additional Sessions Judge, Patna, in Sessions Trial No. 680 of 1985 whereby the accused appellants of Criminal Appeals No. 485 of 1986 and 508 of 1986 have been convicted under Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as the Code) and have been awarded life imprisonment. They have also been convicted under Section 148 of the Code but no separate sentence has been imposed for the said offence. The said accused appellants have been acquitted of the charge under Section 27 of the Arms Act Cor want of sanction. Feeling aggrieved by the order of acquittal of the accused under Section 27 of the Arms Act the State has filed Government Appeal No. 30 of 1986 while the Criminal Appeal No. 485 of 1986 has been filed by four accused and Criminal Appeal No. 508 of 1986 has been filed by two accused against their conviction and sentence. All...
Tag this Judgment!Tarini Marandi ors. Vs. Lakshmi Mahto ors.
Court: Patna
Decided on: Apr-30-1998
M.Y. Eqbal, J.1. This civil revision application is directed against the. order dated 6.12.97 passed by Sub-judge-III. Deoghar in Title Suit No. 185 of 1997 whereby and where-under the court below rejected the petition filed by the defendants petitioners challenging the jurisdiction of the Court to entertain the suit and also the maintainability of the suit.2. The facts of the case lie in a narrow carnpass. The plaintiffs filed the aforementioned suit for declaration of title and confirmation of possession and also for permanent injunction restraining the defendants from disturbing their possession over the suit land. The plaintiffs case is that in village Bara Markhi there is a jungle plot. In settlement plot No. 101/992 measuring 63.50 acres in survey khatian out of which 31.55 acres is out side the demarcation area of the forest. There was a settlement case No. 132/70-71 in the court of Sub-Divisional Officer which was decided by order dated 31 10.74 by the then Sub-Divisional Offi...
Tag this Judgment!Madan Rai Vs. State of Bihar
Court: Patna
Decided on: Apr-30-1998
S.N. Jha, J.1. This appeal by the sole appellant arises from judgment and order of the 2nd Additional Sessions Judge, Samastipur, in Sessions Trial No. 61/46 of 1980 convicting him under Section 302/34 of the Penal Code and awarding sentence of imprisonment for life.2. The prosecution was launched on the basis of the First Information Report lodged by Jai Nandan Tiwary, a machine khalasi of Jitwarpur Paper Mill. In his fardbayan made before Sub-Inspector Shambhu Shankar Prasad of Samastipur P.S. at 10.30 p.m. on 6.7.79 at the Sadar Hospital, Samastipur, he stated that he came to the Labour Union Office, called Mazdoor Sangh1. situated in the mill colony for doing his shift duty which was to begin from 10 p.m. that day. At about 8.35 p.m. when he was sitting on the Chabutara (platform) of the office erected on the varandah, deceased Suryadeo Rai was lying on the cot at the Sahan reading a newspaper and three other employees of the mill, namely. Ramchandra Thakur, Ram Karan Mahto and Pa...
Tag this Judgment!Swarath Singh @ Ram Swarath Singh. Vs. the State of Bihar
Court: Patna
Decided on: Apr-29-1998
Aftab Alam, J.1. This appeal is directed against the judgment and order passed by the trial court convicting the appellant under Section 354 of the Penal Code and sentencing him to undergo rigorous imprisonment for two years It may be stated at the out set that the appellant was put on trial for the offence of rape but at the conclusion of the trial, the trial court deemed it fit to find and hold him guilty of the lighter offence under Section 354 of the Penal Code and to sentence him as indicated above.2. The prosecution case was instituted on the basis of the fardbeyan (Ext.2/1) of one Uma Devi, the prosecutrix, recorded at Kaila Police Out Post on 17.9.1980 at 5 p.m. A formal F.I.R. (Ext.2) was later drawn up incorporating the fardbeyan and giving rise to Barbigha P.S. Case No. 6, dated 16.9.80. The prosecutrix stated in her fardbeyan that on 16.9.80 at about 5 p.m. She along with one Leela Devi, daughter of Bihari Paswan was going to collect fire wood. She was walking a few steps...
Tag this Judgment!Saburj Devi Vs. Chandrawati Devi
Court: Patna
Decided on: Apr-28-1998
Radha Mohan Prasad, J. 1. This appeal is directed against the judgment and decree 30th June, 1970 and 9th July, 1970 respectively passed in Partition Suit No. 17 of 1967 by the Subordinate Judge, Motihari,whereby the suit has been decreed on contest against defendants 1 to 4 and theplaintiffs have been held to be entitled to a decree for partition of the suitlands detailed in Schedules 1 and 2 of the plaint. 2. The plaintiffs-respondents filed the suit for partition of the said lands. Admittedly, Biseshwar Rai and Achhaibar Rai were full brothers. Plaintiffs and defendants 1st part belong to the branch of Achhaibar Rai and defendants second party belong to the branch of Bisheshwar Rai. Admittedly, Achhaibar Rai and Bisheshwar Rai separated before the revisional survey. However, according to the plaintiffs, there was separation but there was no partition of the lands by metes and bounds whereas according to the contesting defendants, there was separation in all respects.- Mahabir Singh...
Tag this Judgment!Jagdamba Prasad and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-28-1998
S.J. Mukhopadhaya, J.1. As in these cases, common point of law is involved and the writ petitions are interrelated, they were heard together and are being disposed of by this common judgment.2. Since there is a short point of law involved in these cases, it is not necessary to discuss all the facts except the relevant one.3. It appears that one Thakur Durga Shankar Singh was the land holder who had three daughters, namely, Smt. Renu Singh, petitioner of C.W.J.C. No. 4295 of 1987; Smt. Shashi Singh, petitioner of C.W.J.C. No. 4306 of 1987; and Smt. Shail Singh, mother of petitioner Hammeer Pal of C.W.J.C. No. 4304 of 1987. Initially, Land Ceiling Case No. 3/73-74 was started against land holder Thakur Durga Shankar Singh, in which after his death, Hammeer Pal Singh, son of one of the daughters was substituted. Two other Land Ceiling Case Nos. 57 and 58 of 1982 were subsequently started against petitioners Smt. Renu Singh and Smt. Shashi Singh, the other two daughters. All the aforesaid...
Tag this Judgment!Sadanand Yadav and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-28-1998
S.N. Jha and P.K. Sarin, JJ.1. The appellants have been convicted under Section 302/34 of the Penal Code for committing the murder of Jorabar Yadav in village Siswa within Gogari police station of Khagaria di strict on 8-9-82 at 10.30 A. M., under Section 307 of the Penal Code for attempting to commit the murder of P.W.I Dip Narayan Yadav and P.W. 4 Ambika Yadav at the same place and time of occurrence and sentenced to imprisonment for life and rigorous imprisonment for five years for the said two offences respectively. They have also been Convicted under Section 27 of the Arms Act and sentenced to rigorous imprisonment for five years. The sentences have been ordered to run concurrently.2. The prosecution case, as stated by P.W. 7 Kapildeo Yadav in his fardbayan lodged before P.W. 11, S.I. Rajendra Prasad on 8-9-82 at 11.30 A. M. may briefly be set out as follows. In the early hours of the date of occurrence i.e. 8-9-82 there had been exchange of words between P.W. 6 Ramdeo Yadav and ...
Tag this Judgment!Yamuna Sah Alias Jamuna Prasad Sah Vs. Shashi Mahto and ors.
Court: Patna
Decided on: Apr-27-1998
Gurusharan Sharma, J.1. Title Suit No. 33 of 1993 was filed by the plaintiff-respondent for declaration of title and for further declaration that the proceeding before the Deputy Collector Land Reforms, Godda vide Bhudan Confirmation Case No. 1 of 1986-87 as vitiated by fraud and nullity. The plaintiff claimed himself to be the defendant of the related tenant and in possession of the suit land which consisted two rooms let out to the defendant-tenant.2. During pendency of the suit on 27.9.1993, a petition was filed under Regulation 5 of the Santhal Pargana Regulations, 1872 (hereinafter referred to as 'the Regulation) claiming that the Civil Court had no jurisdiction to entertain and try the suit. They also claimed that the suit was barred under Section 17(4) of the Bihar Bhudhan Yajana Act, 1954 (hereinafter referred to as 'the Act').3. The trail Court by judgment dated 8.12.1993 dismissed the suit without framing any issue and holding that the suit was barred both under Regulation 5...
Tag this Judgment!Sanjay Kumar Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-27-1998
Aftab Alam, J.1. These three appeals are filed against the same judgment and order passed by the trial Court. These were, therefore, heard together and are being disposed of by this common judgment. There are two appellants in each of the three appeals; each of them stands convicted under Sections 304B/34 and 201 of the Penal Code and sentenced to undergo rigorous imprisonment for ten years and two years respectively under two counts. All the appellants, excepting appellant No. 1 Ajay Kumar Mehta in Criminal Appeal No. 47/98 were also convicted under Section 498A of the Penal Code and sentenced to undergo rigorous imprisonment for two years. The sentences were, however, directed to run concurrently.2. Among the six accused Ajay Kumar Singh (Appellant No. 2 in Criminal Appeal No. 47/98) is the victim's husband; appellant Yoganand Singh (Appellant No. 2 in Criminal Appeal No. 36 of 1998) and Vina Devi (Appellant No. 2 in Criminal Appeal No. 17/98) are the father-in-law and the mother-in...
Tag this Judgment!Shrimati Kamla Devi Vs. Nand Kishore Sao @ Nand Keshwar Sao and ors.
Court: Patna
Decided on: Apr-27-1998
Gurusharan Sharma, J.1. The plaintiff-appellant filed Title Suit No. 4 of 1975, against the defendants-respondents in the Court of 1st Subordinate Judge, Patna for partition of her half share in the suit house, bearing holding No. 1A, situate in Mohalla-Dariyapur Langartoli Chowraha in Patna Town.2. According to the plaintiff, Lakhan Sao @ Ram Lakhan Sao owned and possessed the suit house. He died leaving behind a son, Nand Kishore Sao @ Nand Keshwar Sao, Defendant No. 1 and a daughter, Kamla Devi, the plaintiff.3. In the Patna City Municipal Survey Khesra (Ext. 2) Sheet No. 69 finally published on 14.12.1983. Plot No. 1284 within Ward No. 8, over which the suit house stands situated, stood recorded in occupation of Most. Shambhu Nath @ Domni wife of jitu Sah with a house thereon. She was paying rent to the proprietor, Md. Jamil. She was none else but mother of Ram Lakhan Sao and after her death, her son inherited the same as her sole heir under Section 15 of the Hindu Succession Act,...
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