Patna Court December 1999 Judgments
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Kishun Paswan Alias Kishuni Paswan Vs. State of Bihar
Court: Patna
Decided on: Dec-10-1999
D.P.S. Choudhary, J.1. Both the appeals arised out of one and the same order and judgment dated 30-5-1998 passed by the 2nd Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 190 of 1995 convicting all the three accused-appellants under Section 395 of the Indian Penal Code and sentenced each of them to undergo R.I. for a period of seven years.2. The prosecution story in brief is that in the night of 7-1 -1994 while the informant (P.W. 12) was sleeping in his house with his family members, at about 11.30 p.m. he heard noise of several persons and awoke. The noise was coming from his courtyard. The informant tried to open his door, but the door was closed from outside. The dacoits threatened him to open the door and out of fear he opened the room. The dacoits entered inside and assaulted him and the family members and committed dacoity and removed cash, ornaments, etc. valued more than Rs. 3,100/-. It is further case of the prosecution that the informant identified am...
Helios Finance and Investment Ltd. Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Dec-10-1999
S.K. Katriar, J.1. Heard Mr. D.K. Sinha for the petitioner, Mr. Chitranjan Sinha for the respondent-Reserve Bank of India, and Mr. Navin Sinha.2. I would first like to deal with the intervention application filed by investor, represented by Mr. Navin Sinha, Advocate. In the facts and circumstances of the present case, the intervention application is allowed, and the intervenor is allowed to be added as respondent No. 8.3. Learned Counsel for the petitioner submits that the Reserve Bank of India has issued the impugned orders dated 15.7.97 (Annexure-7), and dated 20.10.97 (Annexure-19), whereby restrictions have been placed on the working of the petitioner-company. In his submission, the petitioner has by the aforesaid order dated 15.7.97 (Annexure-7), been prohibited from accepting instalments from the diverse investors, and has also been prohibited from making payments to them. By the aforesaid order dated 27.1.1998 (Annexure-20), the aforesaid order contained in Annexure-7 has been ...
Laxmi Pasi and ors. Vs. State of Bihar
Court: Patna
Decided on: Dec-09-1999
R.N. Prasad, J.1. The appellants have preferred this appeal against the judgment and order dated 29-5-1989 passed by 7th Addl. Sessions Judge, Rohtas at Sasaram in S.T. No. 1150/165 of 1979/83 whereby the appellants have been convicted for the offence under Sections 307/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for seven years. Appellant No. 2, namely, Hari Narain Pasi has further been convicted for the offence under Section 380 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for two years.2. The prosecution case, as alleged in the fardbeyan, is that the Lalan Prasad gave his fardbeyan at Dehri Hospital on 23-1-1978 at about 2.30 a.m. stating therein that on 22-1-1978 at about 9.30 p.m. he was taking rest in his shop. Some body knocked the door of the shop and as such he opened the door and he saw the appellants in the light of lantern burning there. Appellant Sukhdeo Pasi pushed him, appellant Laxmi Pasi gav...
Paro Chamar and anr. Vs. State of Bihar
Court: Patna
Decided on: Dec-08-1999
R.A. Sharma, J.1. The two appellants have filed this criminal appeal challenging their conviction and sentence to life imprisonment and R.I. for five years under Section 302/34 and Section 201 of the Indian Penal Code respectively. At the time of hearing of the appeal, one of the submissions of the learned counsel for the appellants before the Division Bench was that the village Chaukidar is a 'police officer' within the meaning of Section 25 of the Evidence Act and, therefore, the confession alleged to have been made before him by the appellants is not admissible. In his support, the learned counsel placed reliance on Emperor v. Mt. Jagia AIR 1938 Patna 308 : 1938 (39) Cri LJ 428, wherein after considering the Chaukidari Act of 1870 and Bihar and Orissa Village Administration Act, 1922, the Division Bench of this Court held that the Chaukidar being a member of the village police is a 'police officer' within the meaning of Section 26 of the Act. This judgment has been followed by anot...
Smt. Urmila Mishra and ors. Vs. State of Bihar
Court: Patna
Decided on: Dec-08-1999
D.N. Prasad, J.1. This appeal is directed against the judgment of conviction and sentence passed by the 3rd Addl. Sessions Judge, Dhanbad in Sessions Trial No. 14/97, whereby and whereunder he convicted the appellants under Sections 306/34, IPC and sentenced them to undergo rigorous imprisonment for five years and a fine of Rs. 1,000/- each and in a case of default of payment of fine the appellants would further undergo imprisonment for three months.2. The case of the prosecution in brief as stated is that one Alok Kumar Jha submitted a written report before the police alleging therein that on 21.10.1996 when he had gone to his sister's Sasural to take her back home, he got the news that his sister already died on 19.10.1996. It is further alleged that just 15 days back his sister Mina Mishra (deceased) had complained to him that the appellants used to assault her and also forced her to sell her chastity to get some extra income. It is further alleged that Rajeshwar Thakur (appellant ...
Bhim Singh and anr. Vs. State of Bihar
Court: Patna
Decided on: Dec-08-1999
R.N. Sahay, J.1. Out of the two appellants, appellant No. 2 Ram Bilas Singh died on 24-10-1987. Death Certificate given by the Registrar, Birth and Death, has been filed as Annexure-1. This appeal, so far as this appellant is concerned, has abated.2. The appellants were convicted under Sections 302/34 of the Indian Penal Code and sentenced to life imprisonment. Appellant No. 1 Bhim Singh has been further convicted under Section 379 of the Indian Penal Code and sentenced to two years' imprisonment. Learned trial Judge acquitted two accused-persons, namely, Arjun Singh and Deep Narain Singh.3. The case of the prosecution was that on 18-4-1979 family of the informant Sushil Kumar Singh purchased 1 acre and odd land by registered sale-deed but the registration receipt was not obtained because the consideration amount had not been paid. On 19-4-1979 at about 6.30 a.m., the informant Sushil Kumar Singh along with his brother Bipin Bihari Singh left their village to hand over the considerat...
Suresh Kumar Sinha and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-08-1999
A.K. Ganguly, J.1. Heard the learned Counsel for the petitioners including the Counsel for the State and private respondents.2. This writ petition has been filed by the petitioners with a prayer for quashing Annexure-6 which is an order dated 12-10-88 and also with a prayer for quashing Annexure-8 which has been brought in by amendment. The same is dated 8-6-90 which is a gradation list.3. The main grievance of the petitioners is that the petitioners are members of Bihar Education Service Class-II recruited to the said service sometime in 1976 and 1979. Their claim is that they should rank senior to private respondents Nos. 5 to 22. But according to the petitioners they have been appointed initially in Bihar Subordinate Education Service which is an inferior service. In other words, the aforesaid persons were appointed in Subordinate list of 1987 meant for Bihar Education Service, but their names were included in Gradation List dated 8--6-90. It is not in dispute that those private r...
Project Uchchavidyalaya Siksha, Etc. Etc. Vs. State and ors. Etc. Etc.
Court: Patna
Decided on: Dec-07-1999
N. Pandey, J.1. This batch of cases relate to different Project Schools selected by the State Government for execution of a Scheme to provide four High Schools in each of the Blocks of this State, at least one of which should be a Girls' High School. The idea first (if all appears to have been mooted by the Director, Secondary Education-cum-Special Secretary, Department of Education, through circular No. 1115, dated 27th May 1981, that 650 Project Schools would be established under the aforesaid scheme. Since such schools were to be established year wise in different phases, it was decided that in the first phase, 150 schools shall be established in the year 1981-82,200 during the year 1982-83, another 200 in the year 1983-84, and the remaining 100 schools were to be established in the year 1984-85, f. e. within the four financial years. It was also decided that first priority shall be given to the Regions of Santhal Perganas and Chhotanagpur, which are the most backward areas of thi...
Shankar Yadav Vs. State of Bihar
Court: Patna
Decided on: Dec-07-1999
D.P.S. Choudhary, J.1. This appeal is directed against the judgment and order dated 7-10-1994 passed by the 1st Additional Sessions Judge, Darbhanga in Sessions Trial No. 97/92/17/93 convicting the sole appellant Shankar Yadav under Section 376 of the Indian Penal Code and sentencing him to undergo R.I. for seven years.2. The prosecution case in brief is that one Kapileshwari Devi lodged a fardbeyan on 30-10-1991 at 4.00 p.m. alleging that on 23-10-1991 at 2.00 p.m. informant's daughter, namely, Ranju Kumari had gone for cutting the grass towards east of her house in the field. She returned after and hour and told the informant that appellant (accused) Shankar Yadav had forcibly threw her on ground and criminally assaulted her, for half an hour she remained unconscious. The informant noticed bleeding from her private part. She wanted to take her daughter to the police station and also hospital for lodging F.I.R. and her treatment, but in the meantime Dhanik Lal Yadav and others came ...
Deo Nath Rai @ Deonath Ahir and ors. Vs. State and anr.
Court: Patna
Decided on: Dec-07-1999
D.P.S. Choudhary, J.1. This application in Revision is directed against the judgment and order dated 18-9-95 passed by 5th Addl. Sessions Judge. Chapra (Saran) in Cr. Appeal No. 147 of 1988 confirming the judgment and order dated 10-8-88 passed by Ist Asstt. Sessions Judge Saran at Chapra in Sessions trial No. 1Q2/82/33/85 convicting the appellants under Sections 324 and 148, I.P.C. and sentenced them to undergo R.I. for two years each.2. The brief fact of the case is that P W. 5 lodged First Information Report on 7-9-75 before the Chapra Town Police station alleging therein that at about 11 a.m. there was altercation between the wife of Subedar Ahir and the accused-persons including the petitioner concerning erecting of 'Tati' on disputed land. Ram Dayal (P.W 9) protested about the altercation on which petitioner No. 1, Deonath Rai ordered to assault and gave him chura blow on his forehead and petitioner No. 3 assaulted him with Bhala on his thigh and petitioner No, 2 assaulted him ...
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