Patna Court February 1999 Judgments
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Hari Ram and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-11-1999
1. All the three appellants in this appeal have been found guilty of the offence under Section 302 read with Section 34 of the Indian Penal Code, and have been sentenced to undergo rigorous imprisonment for life by 2nd Additional Sessions Judge, Nalanda, in Sessions Trial No. 12 of 1985 by his judgment and order dated 11th July, 1986.2. The occurrence giving rise to this appeal is said to have taken place at about 5 p.m. on 27-5-1984 in which Kishori Paswan, brother of the informant Bishundeo Das (P.W. 7) was killed by the appellants. The occurrence is said to have been witnessed by several witnesses who have been examined at the trial as P.Ws. 1 to 7. P.W. 8 is the investigating Officer, while P.W. 9 conducted the post mortem examination on the dead body of the deceased. It also appears from the record that the fardbeyan was lodged by Bishundeo Das (P.W, 7), the informant, at the police station Biharsharif at 7-15 on the date of occurrence itself. The deceased was initially taken for...
Ranchi Bar Association, Ranchi and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-11-1999
R.A. Sharma, J. 1. Pursuant to the call given by the Jharkhand Mukti Morcha (hereinafter referred to as the Morcha), a Bundh was organized on 8th June, 1998, in Ranchi, leading to ransacking of the premises of the Bar Association of the district Court, destruction of its furniture and the vehicles parked there were damaged or burnt, giving rise to retaliation by the members of the Bar. The members of the Bar went on strike seeking appropriate action against the State Administration, police and the organizers of the Bundh. On a representation of the District Bar Association, Ranchi, containing allegations of assault, arson and loot in the campus of the District Court particularly the Bar Association, the Hon'ble Chief Justice of this Court passed an order dated 11-6-1998, directing it to be placed before the Division Bench for dealing with the same in the judicial side, pursuant to which a Division Bench was constituted on 12-6-98 on which date this Court permitted the Bar Associatio...
Dr. Kalpanath Singh and anr. Vs. State of Bihar
Court: Patna
Decided on: Feb-11-1999
M.Y. Eqbal, J.1. In these two application, common question of law has been raised by the petitioners and, therefore, these cases are being disposed of by this common order.2. In Cr. Misc No. 21353 of 1998. the petitioner has challenged the order dated 24.8.1998 passed by the Additional Chief Judicial Magistrate, Pakur, in G.R. No. 107 of 1995, whereby he has taken cognizance of the offence under Sections 353 and 504 of the Indian Penal Code and Section 134 of the Representation of Peoples Act, 1951.In Cr. Misc. No. 24561 of 1998, the petitioners have challenged the order dated 13.8.1998 passed by the Chief Judicial Magistrate Gaya, in Tr. No. 768 of 1998, whereby he taken cognizance of the offence punishable under Sections 39/44 of the Indian Electricity Act and Section 379 of the Indian Penal Code.3. Before coming to the point of law raised by the petitioner, I will proceed to State the facts of the case.Cr. Misc. No. 21353 of 1998:The prosecution case, in brief is that on 8.3.1995 t...
Raghunath Singh Vs. the Bihar Electricity Board and ors.
Court: Patna
Decided on: Feb-11-1999
R.N. Prasad, J.1. The petition has been filed for quashing the order dated 5.3.1992, Annexure-1, whereby representation of the petitioner for correction of date of birth has been rejected.2. The petitioner was initially appointed on 1.1.57 as messenger in Muzaffarpur Electric Supply Company Ltd. The said company was taken over in the year 1975 and the petitioner became employee of Bihar State Electricity Board. In the Board service book of the petitioner was opened in the year 1987 which date of birth of the petitioner was mentioned as 1931. On the basis of date of birth entered in the service book the petitioner was made to retire with effect from 1.7.1991, Annexure-2. The petitioner filed an application on 5.9.1990 i.e. few months before retirement for correction of date of birth in the service book. The said petitioner was rejected vide Annexure-1. The petitioner has challenged Annexure-1 and also Annexure-2 on the ground that in the service record of Muzaffarpur Electric Supply Co...
Lakeshwar Yadav and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-09-1999
B.P. Singh and D.P.S. Chaudhary, JJ.1. The 2nd Additional District and Sessions Judge, Nawadah by his judgment and order dated 20th of February, 1986 found all the appellants in these two appeals guilty of the offences under Sections 302/149 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life. He also found them guilty of the offence under Section 148 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for one year each. The judgment and order of the 2nd Additional District and Sessions Judge has been challenged in these two appeals. In Criminal Appeal No. 134 of 1986 there are three appellants, namely, Lakeshwar Yadav, Yamuna Yadav and Baldeo Yadav. In Criminal Appeal No. 189 of 1986, there are only two appellants, namely, Dasrath Yadav and Amirak Yadav. The appellants, Lakeshwar, yamuna and Amirak are the sons of appellant, Baldeo Yadav.2. The occurrence is said to have taken place on the night intervening 10th and 11th of A...
Jai Nandan Singh Vs. Shankar Dayal Singh and ors.
Court: Patna
Decided on: Feb-09-1999
G.S. Chaube, J. 1. By this petition under Sections 80 and 81 of the Representation of the People Act, 1951 (hereinafter to be referred to as the Act'), the election of respondent No. 1 (Shankar Dayal Singh) to the South Chotanagpur Teachers' Constituency has been called in question by one of the losing candidates to the election to the Constituency, which had been held in 1996.2. Brief facts of the case, as stated in the election petition, are that to fill in the vacancy to the South Chotanagpur Teachers' Constituency of Bihar Legislative Council (hereinafter to be referred to as 'the Council'), biennial election was held in 1996. At the said election, besides the petitioner Jai Nandan Singh and respondent No. 1 Shankar Dayal Singh, there were 15 other candidates who contested the election. Respondent No. 2 Saryu Prasad Singh was also among those contestants. Nominations were filed between 26-3-96 and 2-4-96 and after scrutiny and withdrawal held on 3-4-96 and 6-4-96 respectively, 17...
Ram Suresh Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-09-1999
Nagendra Rai, J.1. Originally the writ application was filed for a direction to the respondents for payment of salary to the petitioner for the period while he was under suspension in view of pendency of the departmental proceeding. Subsequently, an amendment petition was filed, wherein the order passed by the Superintendent of Police, Nalanda, dated 13.7.1998, has been challenged. A copy of the said order has been appended as Annexure-9. By the said order, after conclusion of the departmental proceeding, the Superintendent of Police, Nalanda, has awarded the punishment of censure and non-entitlement of full salary during the period of suspension.2. The facts, which gave rise to the present writ application, are that the petitioner was posted as the Sub-Inspector of Police in Nalanda district. In the year 1992, he was transferred to Crime-Investigation Department, Patna. As he did not join the transferred post, a departmental proceeding was initiated against him. While proceeding was ...
Ram Pravesh Singh Vs. the State of Bihar
Court: Patna
Decided on: Feb-08-1999
Narayan Roy, J.1. have heard counsel for the parties. The sole appellant has ben convicted under Section 7 of the Essential Commodities Act and sentenced to undergo rigorous imprisonment for two years.2. The prosecution case, briefly stated, is that in the year 1983 the appellant had obtained Licence No. 24/83 for dealing in coal in Lalji Tola, ward No. 5, P.S. Gandhi Maidan, District Patna and the same was renewed in the year 1984 but was not renewed in the year 1985 and even without renewal of the licence, he was found dealing in coal. On 26.5.1986, the Supply Inspector had visited the business premises of the appellant and had found him dealing in coal without valid licence. A written report Ext. 3 was filed before the Officer Incharge, Kotwali Police Station where a formal first information report, Ext. 4, was ,drawn and the police after due investigation submitted charge-sheet against the appellant. The1 appellant ultimately was put on trial after taking cognizance of the offence...
Smt. Dipali Kundu Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-08-1999
Ashish N. Trivedi, J.1. The petitioner in this Writ Petition has prayed for directions to the Respondents for payment of full salary for the period commencing from 27.11.1978 till 20.4.1987 after adjustment of the subsistence allowance paid to the Petitioner.2. During the pendency of the Writ Petition the Director, Social Welfare. Bihar, Patna by his order No. 1764 dated 29.6.1996 (Annexure '11') issued directions that the Petitioner will not be entitled to any allowance or salary in terms of Rule 97(5) of the Bihar Service Code except the subsistence allowance paid to her during the period of suspension and further that for the purposes of pension etc. the period of suspension will be treated as the period spent on duty. This order dated 29.6.1996 (Annexure '11') has been challenged by the Petitioner by moving an Application for amendment which had been allowed by this Court on 28.8.1997 while admitting the Writ Petition.3. The case of the Petitioner is that while she was working as ...
Krishna Rai and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-05-1999
Ravi Nandan Sahay, J.1. These two appeals, which have been heard together, have arisen from Sessions Trial No. 133/83 on the file of IVth Additional Sessions Judge, Patna, who by its judgment dated 17th December, 1986 convicted all the eight accused persons under Section 302/34 Indian Penal Code and 307/34 Indian Penal Code and sentenced them to life imprisonment under Section 302/34 Indian Penal Code and 7 years imprisonment, under Section 307/34 Indian Penal Code. Two of the appellants, namely, Ram Babu Rai and Binda Rai were also convicted under Section 147 Indian Penal Code and sentenced to three years imprisonment and the remaining six appellants were convicted under Section 148 Indian Penal Code and sentenced to three years imprisonment.2. On 14.4.1981 at about 2.00 P.M. Ram Bichar Rai son of Din Dayal Rai and Girjan Rai son of Hari Charan Rai of village Manas Nai Panapur P.S. Danapur in the District of Patna left the village for Nasriganj Satuani Mela, Girjan Rai was on cycle. ...
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