Patna Court September 1999 Judgments
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Md. Rahman Vs. State of Bihar
Court: Patna
Decided on: Sep-10-1999
R.N. Sahay, J.1. Both the appellants, namely, Md. Rahman and Md. Manjoor were residents of village Gaiyari Sisona, P.S. and District Purnea, have appeared against their conviction under Section 395, I.P.C. in which they have been sentenced to 10 years' imprisonment by the 6th Additional Sessions Judge, Purnea in Sessions Case No. 228/88. The charges against the appellant was that they, along with their companions, committed road dacoity on 27-6-1987 at 8.50 p.m. at Kosi Canal. Araria.2. The version of the occurrence has been given by Subodh Chandra Choudhary in his fardbeyan given to the Araria Police immediately after the occurrence. Subodh Chandra Choudhary had got down from train at Araria at 8.35 p.m. He boarded a Tamtam to Araria Town. There were other passengers also in the Tamtam. Suddenly, the Tamtam was stopped by the robbers at Kosi Canal at about 8.50 p.m. The Robbers looted the passengers sitting on the Tamtam. The informant saw several criminals. Two of them were armed w...
Sheojee Rai and ors. Vs. State of Bihar
Court: Patna
Decided on: Sep-10-1999
M.L. Visa, J.1. This appeal is directed against the judgment and order dated 2nd February, 1989 passed by the 5th Additional Sessions Judge, Arrah in Sessions Trial No. 493/86 convicting and sentencing the appellants to undergo R.I. for a period of two years each under Section 324, I.P.C. The appellant Sheojee Rai has been further convicted and sentenced to undergo R.I. for two years under Section 27 of Arms Act and both the sentences passed against him have been ordered to run concurrently.2. The prosecution case in short is that on 18-3-85 at about 8.30 a.m. Ram Nath Bind (P.W. 4) went to the house of the informant Sheonarain Rai (P.W. 5) and informed him that Ramashish Rai, his sons and others armed with bhala, garasa, etc. were uprooting the vegetable plants from the informant's land. On hearing this, the informant went to his field where he found the appellants along with others in his field. Appellant Sheojee Rai was carrying a country-made pistol, appellant Ram Sahay Rai was c...
Eastern Coalfields Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-10-1999
A.K. Ganguly, J.1. This Interlocutory Application, I.A. No. 10293 of 1999 has been filed in connection with the writ petition C.W.J.C. No. 2550 of 1999.2. Eastern Coalfields Limited has filed this writ petition for quashing the order dated 26-2-1999 passed by the Certificate Officer (Mines), Dumka in Certificate Case No. 1 of 1998-99 and also for quashing the notice of Certificate Case No. 1 of 1998-99 as contained in Annexure-2 to the writ petition.3. By an order date 9-4-1999 a learned Judge of this Court while hearing I.A. No. 3392 of 1999, stayed the operation of the order dated 26-2-1999 passed in Certificate Case No. 1 of 98-99 subject to payment of 50% of the certificate dues within six weeks failing which the stay was directed to be vacated. 4. Then, by an order dated 27-7-1999, the writ petition was admitted and a further I.A., being I.A. No. 9516 of 1999, filed by the petitioner, was directed to be listed on the next date.5. Then on the next date that I.A. was listed and on...
Gani Mian and anr. Vs. State of Bihar
Court: Patna
Decided on: Sep-10-1999
R.N. Sahay, J.1. The appellants who are father and son have been convicted under Section 395, I.P.C. and sentenced to undergo rigorous imprisonment for ten years by 2nd the Addl. Sessions Judge, West Champaran, in S. Tr. No. 109/89. Twelve other accused who were tried along with these appellants, have been acquitted because the trial Court was of the view that the evidence of identification of those accused was not trustworthy. The case of these two appellants was on a different footing. The evidence is that both the appellants were arrested by the villagers after the occurrence after two kilometres from the place of occurrence.2. In the night of 9/10th August, 1984, when Bikram Singh of village Lachhanauta was sleeping in his house suddenly about 1,5 dacoits came from east. They entered in the Angan. The dacoits got the key from Bikram Singh and opened the Almirah and took away articles of the shop. The dacoits also took away box full of clothes and broke open lock of a box and took...
Brahmdeo Rai Vs. State of Bihar
Court: Patna
Decided on: Sep-10-1999
R.N. Sahay, J.1. Heard appellant has been convicted under Sections 147, 323 and 435, I.P.C. and has been sentenced to undergo rigorous imprisonment for two years. Six other accused who were tried along with this appellant were convicted under Sections 147 and 323, I.P.C. They were released on probation.2. The trial Court has rightly accepted the evidence that the appellant had set fire to Plane of the informant. There is, however, no evidence that the extent of damage by fire was Rs. 100/- or more. As there is sufficient evidence to show that mischief to the amount of Rs. 50/- has been caused by fire, the appellant can be convicted under Section 427, I.P.C.3. The conviction of the appellant under Section 435, I.P.C. is set aside and he is convicted under Section 427, I.P.C. Benefit of probation has been given to other accused who were tried along with this appellant. Benefit of probation was not given to this appellant since he was convicted under Section 435, I.P.C.4. The occurrence...
Sheo Kumar Lall Vs. Bihar State Housing Board and ors.
Court: Patna
Decided on: Sep-10-1999
S.J. Mukhopadhaya, J.1. The petitioner preferred the writ petition for direction on the respondents not to demolish the residential building of the petitioner standing over plot No. 359 in village-Dalpatpur (Arrah) by issuing a writ in the nature of mandamus or to issue any other writ or writs.2. According to petitioner, he purchased the land in question, measuring 11 decimals of plot No. 359 through a registered sale-deed dated 22nd March, 1976 after obtaining permission from his office on 22nd January, 1976. Subsequently he took physical possession of the land, got his name mutated with the State of Bihar and Arrah Municipality. Subsequently, after taking building construction loan from the department ; approval of map by the Executive Officer, Arrah Municipality made on 23rd December, 1976, he constructed a house up to roof level by 10th August, 1977 and further request was made to release rest of the fund for completion of the building.3. Subsequently, the petitioner came to know...
Bihar Police Men's Association and Anr. Vs. State of Bihar and Ors.
Court: Patna
Decided on: Sep-10-1999
N. Pandey, J.1. This petition under Article 226 of the Constitution of India, has been filed for an appropriate writ/order for quashing advertisement No. 1 of 1998, issued under the signature of the Director-General-cum-Inspector-General of Police (respondent No. 3) published in the daily newspaper 'AAJ' dated 28-8-1998 whereby and whereunder, applications were invited from eligible candidates for selection to the post of constables in different districts of this State. A prayer has also been made to command the respondents that steps for selection for the constables be taken strictly in terms of clause 663 of the Bihar Police Manual (In short the Manual).2. I have heard the learned Counsel for the parties, therefore, this writ petition is disposed of at the stage of admission itself.3. Before adverting to the facts of this case, I feel proper to answer the objection of the learned Additional Advocate-General regarding maintainability of the writ application filed on behalf of the Bi...
Ram Das Kahar and ors. Vs. State of Bihar
Court: Patna
Decided on: Sep-10-1999
R.N. Sahay, J.1. There are three appellants in this appeal. First appellant Ram Das Kahar, who was aged 70 years at the time of his conviction, is the father of appellant No. 3 Raj Grihi Kahar. Appellant No. 3 was charged and tried for offence under Section 307, I.P.C.. The allegation is that he inflicted Bhala Injury on Ayodhya Nath Mishra Ram Das Kahar and Sheo Das Kahar tried under Section 323, I.P.C. for causing lathi injury on Ayodhya Nath Mishra.2. On 6-4-74 at village Senduar, P.S. Kargahar, District Rohtas Ayodhya Nath Mishra and Ram Das Mishra were watching their Mango tree standing at their Khalihan. The case of the prosecution is that the appellants went to khalihan and began to pluck the mangoes on which Ayodhya Nath Mishra objected and there was altercation. Thereupon, appellants Ram Das Kahar and Sheo Das Kahar assaulted him with lathis and appellant Raj Grihi Kahar assaulted him with bhala causing injury on the abdomen of Ayodhya Nath Mishra. Basudeo Mishra. another so...
Sita Raut and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Sep-10-1999
Indu Prabha Singh, J.1. This is an appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 (in short the Code). It is directed against the judgment dated 20th January, 1989 passed by Shri Satyendra Narain Gupta, 2nd Additional Sessions Judge, West Champaran, Bettiah convicting all the appellants under Section 364 of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for 7 years.2. The prosecution case, in short, is that on 17-2-74 the appellants named above came, to the house of the complainant Bagar Raut (P.W. 4) and requested him to allow his brother Banarshi Raut to accompany them on the assurance that he will be sent bark on the next day. When, however, Banarshi Raut did not return on the next day or third day P.W. 4 became anxious. He went to the village of the appellants along with P.W. 1 Raiju Babu. The appellants or Banarshi Raut were not found there. Subsequently one Nitu Babu, (named as a witness in the complaint petition, b...
Workmen of Jogidih Colliery of B.C.C.L. and ors. Vs. Employers in Rel. ...
Court: Patna
Decided on: Sep-08-1999
S.J. Mukhopadhaya, J.1. The appellant has challenged the judgment dated April 10, 1991, passed by the learned single Judge in C. W. J.C. No. 401 of 1985 (R), whereby and whereunder, the order dated January 31, 1995 and the award dated February 28, 1985, passed by the Industrial Tribunal were upheld and thereby the order of dismissal passed with effect from November 16, 1988 was affirmed.2. The workman is represented by appellant, who was working in the Management of Jogidih Colliery of Bharat Coking Coal Ltd. (B.C.C.L. for short), as 'Explosive Carrier' at Jogidih Colliery. A charge sheet was initiated against him on December 13, 1977, alleging misconduct and it was alleged that he had fraudulently taken presigned depot transfer vouchers and withdrawn detonators from the Magazine Clerk of South Govindpur Colliery, but did not deposit the same at Magazine of Jogidih Colliery, causing loss to the Management of Rs. 3500/- for electric detonators and Rs. 3000/- for ordinary detonators. I...
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