Patna Court November 1999 Judgments
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Sheo Narayan Lal Vs. Nand Lal Jaiswal
Court: Patna
Decided on: Nov-24-1999
P.K. Deb, J.1. This appeal has been preferred against the judgment and decree dated 15-7-1992 passed by the 1st Additional District Judge, Samastipur, in Eviction Appeal No. 1 of 1989 (36 of 1990) by which the judgment and decree dated 19-8-1988 passed by the Munsif-II, Samastipur, in Eviction Suit No. 29 of 1986 has been affirmed. Thus, the present Second Appeal is against the concurrent findings of both the Courts below dismissing the plaintiff-appellant's suit for eviction.2. The plaintiff-appellant brought the suit for eviction from the suit premises described in the plaint on three grounds, namely, (i) defaulter (ii) personal necessity and (iii) breach of the terms of tenancy. The relationship, landlord and tenant between the plaintiff and defendant is admitted. According to the plaintiff, the defendant was inducted as a tenant on monthly rental of Rs. 100/-. An agreement was executed by the defendant in favour of the plaintiff with the terms of paying the rent regularly and wou...
Mohan Choudhary Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-24-1999
Choudhary S.N. Mishra, J.1. In this application, the petitioner has prayed for quashing of the investigation in Biraul PS. Case No. 56 of 1995, initiated on the basis of F.I.R. for offences punishable under Section 302 and other ancillary Sections of the Indian Penal Code including Section 3(1) and 3(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.2. Admittedly, after usual investigation, final form has been submitted and on the basis thereof cognizance was taken of the offences punishable under Section 302 and other ancillary Sections of the Indian Penal Code including Section 3(1) and 3(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as stated above and the case was committed to the Court of Session.3. Having regard to the facts stated above, the prayer for quashing the investigation has become infructuous since the final form has already been submitted and the case has been committed to the Court of Session....
Shobh Nath Ram Vs. State of Bihar and anr.
Court: Patna
Decided on: Nov-24-1999
Choudhary S.N. Mishra, J.1. In this application, the petitioner, who is the first party in a proceeding, initiated under Section 145 of the Code of Criminal Procedure (for short' the Code') has prayed for quashing the order dated 15-7-1995 passed by the learned 3rd Additional Sessions Judge, Kaimur at Bhabbhua, whereby he has allowed the revision application filed by the Opposite Parties after setting aside the final order passed by the learned Magistrate whereby the lands in dispute was declared in favour of the petitioner,2. Having regard to the order propose to be passed in this case, it is not necessary, to mention the facts in detail. Suffice it to say that the learned Magistrate has declared the possession of the petitioner with respect to the lands, in dispute, details whereof has been mentioned in the order of the learned Magistrate. Being aggrieved by the said order, the Opposite parties filed a revision petition which was registered as Criminal Revision No. 459 of 1995. The...
Ramanuj Rao Vs. State of Bihar
Court: Patna
Decided on: Nov-22-1999
M.L. Visa, J.1. Ramanuj Rao, now the sole appellant in this appeal before us, is aggrieved by the judgment and order dated 3-2-1986 passed by 1st Additional Sessions Judge, Bettiah, in Sessions Trial No. 58 of 1976/48 of 1985 convicting and sentencing the appellant to undergo life imprisonment under Sections 302/34 of the Indian Penal Code (in short, 'IPC').2. The case of the prosecution as disclosed in the fardbeyan, in short, is that on 28-7-1975 at about 7 a.m. Shrawan Yadav, brother of informant Shankar Yadav (P. W. 7), told the informant that he would go to Gudgudi Puriharwa for purchasing washing soap. The informant, told that as he himself was going to Majhauwa, he will bring the soap for him from there and asked his brother Shrawan Yadav to bring grass in the meantime. Thereafter, the informant left for Majhauwa and his brother Shrawan Yadav went in 'Sareh' for cutting grass. At about 10 a.m. the informant returned from Majhauwa when he heard hulla from the eastern side of hi...
Lala Yadav Vs. Nathuni Yadav and anr.
Court: Patna
Decided on: Nov-22-1999
P.K. Deb, J.1. This appeal has been preferred by the above-named defendant-respondent-appellant against the judgment and decree dated 4-12-1997 passed by the Second Additional District Judge, Aurangabad, in Eviction Appeal No. 2 of 1990 (3 of 1993) reversing the judgment and decree dated 19-7-1990 passed by the Second Additional Munsif, Aurangabad, in Eviction Suit No. 2 of 1986.2. The respondent No. 1 as a sole plaintiff filed Eviction Suit No. 2 of 1986 against the appellant as defendant No. 2 and respondent No. 2 as defendant No. 1 for vacating the premises in suit and for delivery of possession to the plaintiff. The plaintiffs case, in short, is that he being the karta of the family gave the suit house to defendant No. 1 (Respondent No. 1) consisting of three rooms and a varandah thatched with tiles as described in Schedule-I of the plaint at a rental of Rs. 60/-. according to the English calendar month. As per the plaintiffs case, the aforesaid tenancy was commenced from 1-7-198...
Jhapsa Kabari and ors. Etc. Etc. Vs. State of Bihar
Court: Patna
Decided on: Nov-19-1999
R.N. Sahay, J.1. In Sessions trial No. 63/81/6/82 on the file of 2nd Addl. Sessions Judge, Madhubani, 17 persons were placed on trial having been charged under Sections 302/34 and 148 of the Indian Penal Code for having intentionally and knowingly causing the death of three persons, namely, Ram Sewak Singh, Sheetal Singh and Santosh Singh in furtherance of their common intention. The incident which led to the trial and conviction of the accused-persons happened on 10-9-1980 at village Chhatauni, P.S. Basopatti in the district of Madhubani. The accused-persons were further charged under Sections 449 and 380 of the Indian Penal Code. Appellant Israil Kabari was separately charged under Section 302, I.P.C. simpliciter for having committed murder of Shital Singh while Dipan Singh @ Deep Narain Singh was also separately charged for the murder of Ram Sewak Singh. Three persons, namely, Bhikhar Raut, Tahir Kabari and Terni Prasad Singh were charged under Section 302/34 of the Indian Penal C...
Ashok Kumar Singh viyogi and Etc. Vs. State of Bihar
Court: Patna
Decided on: Nov-19-1999
R.N. Sahay, J.1. In Sessions Trial No. 42/89/74/92 five persons were placed on trial having been charged that they abducted Devesh Kumar Thakur alias Guddu for committing his murder. The accused were also charged under Sections 365, 387 and 120B of the Indian Penal Code. Learned trial Judge acquitted Thithar Paswan, Somariya Devi and Dinesh Singh. The appellants have been sentenced to 10 years imprisonment for the offence under Section 364, Indian Penal Code, 7 years imprisonment for the offence under Section 386, Indian Penal Code and 4 years imprisonment for offence under Section 365, Indian Penal Code.2. Two separate appeals have been preferred by the convicted accused from jail. The appellants were refused bail and they have practically served out their sentence.3. The case of the prosecution and the evidence in support thereof may be stated as follows. On 27-2-1988 Devesh Kumar Thakur alias Guddu son of Indrakant Thakur had gone to attend his I.Sc. classes at Ram Sakal Singh Scie...
Jagannath Raut and ors. Vs. State of Bihar
Court: Patna
Decided on: Nov-19-1999
D.P.S. Choudhary, J.1. This appeal has been preferred against the judgment and order dated 12th May, 1989 passed by 6th Addl. District & Sessions Judge, Siwan in Sessions Trial No. 451 of 1983/93-1987 arising out of Basantpur P.S. Case No. 134 dated 12-7-1982. Out of the five appellants, appellant No. 3 Surendra Raut has been convicted under Sections 307 and 148 of the I.P.C. and sentence to undergo R.I. for seven years and one year respectively. Appellant No. 1 Jagannath Raut has been convicted for the offence under Sections 307/114 and 147 of the I.P.C. and sentenced to undergo R.I. for seven years and one year respectively. Appellant No. 4 Lakhichand Raut has been convicted for the offence under Sections 325 and 147 of the I.P.C. and sentence to undergo R.I. for three years and one year respectively. Appellant Nos. 2 and 5 Sipahi Raut and Harendra Raut have been convicted for the offence punishable under Sections 323 and 147 of the I.P.C. and sentenced to undergo R.I. for six mont...
Krishna Mohan Thakur Alias B.D.O. Vs. State of Bihar
Court: Patna
Decided on: Nov-19-1999
R.N. Sahay, J.1. By judgment and order dated 31-7-1992, Second Additional Sessions Judge, Darbhanga convicted appellant Krishna Mohan Thakur alias B.D.O. on the charge of abduction and rape of Archana Kumari, daughter of Kaushalya Devi. He has been sentenced to ten years imprisonment on the charge of rape and further seven years imprisonment under Section 366A of the Indian Penal Code. He has also been convicted under Section 366 Indian Penal Code but no separate sentence has been passed under that section.2. The appellant first preferred jail appeal which was registered as Cr. Appeal No. 195 of 1992. Later he preferred a regular appeal which was registered as Cr. Appeal No. 243 of 1992. The appellant was tried and convicted in the following circumstances.3. On 9-1-1990 Kaushlya Devi along with her minor daughter Archana Kumari left her village Bagaul P.S. Babu Barhi, District-Madhubani for going to Kamtaul in the same district where elder daughter of Kaushalya Devi had been married w...
Laljeet Prasad Ray and ors. Vs. State of Bihar
Court: Patna
Decided on: Nov-19-1999
R.N. Sahay, J. 1. There are five appellants in this appeal. All the appellants are residents of village Raidih, P.S. Jasidih, District, Deoghar. The appellants were placed for trial before 1st Additional Sessions Judge, Deoghar, in Sessions Case No. 13 of 29 of 86/2 of 1986. The charge against the appellants was that they in furtherance of their common intention committed the murder of Angad Prasad Rai on 8th July, 1983 at village Ghorlash within P.S. Jasidih, District Deoghar. The appellants have been convicted under Section 302/34, I.P.C. and sentenced to life imprisonment. They have been convicted under Section 323/34, I.P.C. for beating Kusmil Rai but no separate sentence has been imposed for the said offence.2. The case of the prosecution is narrated by the Addl. Sessions Judge in para 2 of his judgment as follows:On 7-7-85 some quarrel took place between the informant Kushmil Prasad Rai (P.W. 9) and accused Laljeet Prasad Rai, Lakhan Prasad Rai and Raghu Prasad Rai of village R...
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