Patna Court November 1999 Judgments
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Narayan Mahto and ors. Vs. State of Bihar
Court: Patna
Decided on: Nov-12-1999
R.N. Sahay, J.1. By judgment and order dated 5th March, 1985 the learned Additional Sessions Judge, Deoghar convicted these five appellants in Sessions Case No. 126/41 of 1982-83 for offence punishable under Section 302 read with Section 34, I.P.C. and Sections 302/149 and Section 147, I.P.C.2. The appellants have been sentenced to life imprisonment under Section 302/34, I.P.C. but no separate sentence was passed under Sections 302/149 and 147, I.P.C.3. It may be stated at the outset that the appellants could not be convicted for an offence under Section 302, I.P.C. twice one with aid of Section 34 and the other with the aid of Section 149, I.P.C. and both are distinct offences.4. Appellant No. 2 Pacho Mahto has died hence his appeal has abated. Now, we have to examine the validity of conviction of remaining four appellants.5. The appellants were charged, tried and convicted for the murder of Bishu Mahto at village Chamgadha within P.S. Jagdish, District-Deoghar. The prosecution alle...
Gaya Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Nov-12-1999
Ravi Nandan Sahay, J.1. This appeal is from the judgment and order dated 9th January, 1986 of the 5th Additional Sessions Judge, Gaya in Sessions Trial No. 13 of the 1985/120 of 1980. All the appellants except appellant No. 1 Gaya Singh have been convicted under Sections 302 and 148 of the Indian Penal Code and Section 27, Arms Act. All the appellants have been sentenced to imprisonment for life under Sections 302/149 Indian Penal Code and three years under Section 148, Indian Penal Code, Appellant No. 1 Gaya Singh has been further sentenced to seven years' R.I. under Section 27 Arms Act.2. The Charge and trial of the appellants related to the occurrence which happened on 4-6-1978 while Gram Panchayat Election was going on at Chowar. Bhola Singh was shot dead in the occurrence by a mob. The case of the prosecution has been narrated in paragraph Nos. 2 and 3 of the judgment under appeal as follows:2. The prosecution case, in short, is that on 4-6-1978 the election of Mukhiya and Sarpa...
Mukhana Yadav and ors. Vs. State of Bihar
Court: Patna
Decided on: Nov-12-1999
R.N. Sahay, J.1. These two appeals have been preferred on behalf of five convicts of Sessions Trial No. 24/1985 of 137 /1985 disposed of by 4th Addl. Sessions Judge, Gaya, who by his judgment and order dated 7th February, 1986, convicted the five appellants under Section 302/149, I.P.C. and sentenced them to life imprisonment. Appellant Chandra Yadav has been further convicted under Section 27A of the Arms Act and he has been sentenced to two years imprisonment. Appellants Mukhana Yadav and Samroo Yadav of Cr. App. No. 107/86 died during the pendency of this appeal and hence their appeal stands abated.2. Cr. App. No. 109/86 has been preferred by Chander @ Ram Chandra Yadav.3. These appellants were charged, tried and convicted for the murder of Mahabir Paswan on 2nd February, 1984 at village Mirakpur, P.S. Wazirganj in the district of Gaya.4. The occurrence took place of 6 p.m. on 2-2-1984 at a lonely place in village Mirakpur at a distance of 16 kilometres west to Wazirganj police st...
Babloo Kisku Vs. State of Bihar
Court: Patna
Decided on: Nov-11-1999
B.P. Sharma and M.L. Visa, JJ.1. The sole appellant in this case has been convicted of offence under Section 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life. He has also been convicted on offence under Section 324 of the Indian Penal Code and has been sentenced to undergo R.I. for two years each under two different Courts. However, the sentences have been ordered to run concurrently.2. A case was registered at P.S. Poraiya Hat on 6th February, 1989 at 12.30 p.m. by drawing up a formal F.I.R. on the fardbeyan of one Lumba Murmu son of late Pradhan Murmu of village Baghamara Purabtola. recorded on 5th February, 1989 at 8.30 a.m. in the morning at Deodar P.S. The fardbeyan was recorded by the Sub-Inspector, Mahendra Yadav of Deodar Police Station, The informant stated that in the previous night at about 10.00 a.m., he was sitting in front of house of one Sukul Kisku with Thoka Hansda of the same village. They were sitting of a ridge in front of house...
Ram Briksha Singh Vs. Shankar Mistry @ Shankar Sharma
Court: Patna
Decided on: Nov-11-1999
P.K. Deb, J.1. This appeal has been preferred against the judgment and decree dated 15-9-1998 passed by the Sub-Judge, IInd, Danapur in Title Eviction Suit No. 2 of 1990 whereby the suit of the plaintiff-appellant has been dismissed against the contesting defendant-respondent.2. The plaintiff-appellant brought the suit originally far eviction of the defendant from the suit premises which has been described in Schedule-II of the plaint and also for realisation of arrears of rent from the defendant. Plaintiff's case in brief is that he had purchased the Schedule I property of the plaint by three sale-deeds in the year 1968 and afterwards from Tuntun Choudhary and Dhorha Choudhary measuring total area of 21 decimal in Plot No. 213 under Khata No. 66 of village Adampur and he set up a Saw Mill on a part of the suit land. But, as the plaintiff had fallen ill the Saw Mill was closed and in the year 1982 the defendant approached the plaintiff and revealed his desire to take the suit premise...
Rajendra Prasad and ors. Etc. Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-11-1999
B.P. Singh, J.1. I.A. No. 11396 of 1999 filed by the applicants is allowed and they are added as intervenor-petitioners.2. These two writ petitions involving common questions have been heard at length at the admission stage itself, and considering the urgency of the matters, with the consent of the parties, the same are being disposed of at the admission stage itself.3. The representative facts are taken from C.W.J.C. No. 7358 of 1999.The petitioners are the non-teaching employees of the Magadh University who are apportioned and transferred to the Veer Kuer Singh University upon creation of the said University, in accordance with Section 70-B of the Bihar State Universities Act, 1976.4. The facts of the case as pleaded in the writ petition are that in the year 1990, six new Universities were created and their jurisdictions were created by carving out from the jurisdictions of the existing Universities. In this manner, the Veer Kuer Singh University has been created by carving out its...
Jaydeyal Banka and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-11-1999
Narayan Roy, J.1. Heard Counsel for the parties.2. This application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Cr. P.C.') has been filed for quashing the entire criminal prosecution launched against the petitioners under Section 409 of the Indian Penal Code.3. It appears that the petition of complaint was filed by the complainant-opposite party No. 2 before the Chief Judicial Magistrate, Sasaram and on the basis of the complaint petition, Complaint Case No. 152 of 1994 was registered by the learned Magistrate and the learned Magistrate on the basis of the allegations levelled in the complaint petition and statement of the complainant on solemn affirmation took cognizance of the offence on 14-9-1994 under Section 409. of the Indian Penal Code.4. Learned Counsel for the petitioners submitted that even at the face of the complaint petition, no offence whatsoever is made out against the petitioners and the allegation levelled against the petition...
Baidyanath Dham Prasadi (Chura, Pera, Elaichidana) Bikreta Sangh and o ...
Court: Patna
Decided on: Nov-10-1999
Asok Kumar Ganguly, J. 1. This writ petition has been filed, by Baidyanath Dham Prasadi Bikreta Sangh through its secretary and by about 21 other traders carrying on business in Baidyanath Dham challenging the prices of various items fixed by the authorities.2. The petitioners are aggrieved by the order dated 17-7-1999 which is at Annex-ure-3 Issued by the Sub-divisional Officer, Deoghar (respondent No. 2). By the said order, respondents concerned have fixed the prices of items, like, Pera, Chura and Elaichidana along with other items. By the said notification dated 17thJuly, 1999 prices of various other items have also been fixed, but in the instant writ petition the grievance has only been raised for fixation of prices of Pera, Churn and Elaichidana, therefore decision of this Court is confined only to the question of price.3. From a perusal of Annexure-3 it appears that a meeting was held on 6th July, 1999 under the Chairmanship of the Sub-divisional Officer, in which local busine...
Ranchi Kshetriya GramIn Bank and ors. Vs. D.P. Singh and ors.
Court: Patna
Decided on: Nov-04-1999
M.Y. Eqbal, J.1. Whether in case of promotions on the basis of 'Seniority-cum-Merit', comparative merit of the candidates along with seniority have to be judged and whether allocation of less marks for seniority and more marks for assessment of work and interview is permissible when promotion is to be made on 'Seniority-cum-Merit' basis, are the two significant and interrelated questions which have necessitated this reference to the Full Bench. 2. These two Letter Patent Appeals, one filed by the respondent Bank and another by the private respondents, whose promotion has been challenged, arose out of judgment dated November 20, 1991 passed by learned single Judge in C.W.J.C. No. 927 of 1991. 3. The facts may be noticed with relative brevity having relevance to the issues aforesaid. The writ petitioners who are respondent Nos. 3 to 5, in L.P.A. No. 209/91 R filed CWJC. No. 927/91R for issuance of appropriate writ in the nature certiorari for quashing the office order dated March 30, 1...
Budhu Mahto and ors. Vs. the State of Bihar
Court: Patna
Decided on: Nov-04-1999
A.K. Prasad, J.1. The appellants have been convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life thereunder on the charge of committing the murder of Gopal Hazam in furtherance of their common intention, by Sri. L.K. Sahay. 3rd Addl. Judicial Commissioner, Ranchi, by judgment and order dated 16th May. 1989, passed in S.T. No. 133 of 1988/67 of 19882. The prosecution case is as follows:In the evening 2.4.1987 Gopal Hazam, the deceased, at the Instance of appellant Budhu Mahto, In the Company of Duleshwar Bedia (P.W. 5), his co-villager, went to the house of appellant Budhu Mahto situate at village Mahua Tungri, which is at a distance of about a-mile from village Haratu, the native place of the deceased as well as P.W. 5, to reach Sukhua log. All the three had started for village Mahua Tungri around 6 p.m. from the place of Duleshwar Bedia. The Sakhua log had been purchased by appellant Budhu Mahto. When Gopal Hazam and ...
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