Patna Court February 2000 Judgments
Master Mirdha Vs. State of Bihar
Court: Patna
Decided on: Feb-22-2000
Ravi Nandan Sahay, J. 1. The appellant, Master Mirdha, who is a resident of Village Birajpur, P.S. Hausdiha in the District of Dumka has appealed against his conviction under Section 376 of the Indian Penal Code for which he has been sentenced to undergo 7 years' rigorous imprisonment. He was tried by the 8th Additional Sessions Judge, Dumka.2. The case of the prosecution in brief is that on 23-12-1991 the Informant, Tale Murau (P.W. 6) was returning from Gangawarahat along with her husband, Sitalal Besra, P.W. 4. they boarded a Maxi for going to their village Barahatti. The conductor of the Maxi informed her husband that the Maxi will not stop at their village Barshatti. The husband got down from the Maxi but surprisingly the Informant did not get down with her husband. The Maxi proceeded further and stopped at Village Markund. It is alleged that the appellant took the prosecutrix out of the Maxi on the protest that it was Village Barshatti. The appellant took her towards the forest ...
Tag this Judgment!Manju Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-22-2000
D.P.S. Choudhary, J.1. This appeal has been preferred against the judgment' of acquittal passed by the Judicial Magistrate, 1st Class, Bhojpur, Arrah in Com-plaint Case No. 245 of 1992/69 of 1998, dated 25th of July, 1998, The respondent No. 2 Hareram Sao was charged for the offence under Section 494 of the Indian Penal Code (hereinafter referred to as the 'I.P.C.') and remaining respondents were charged under Section 120B, I.P.C.2. The case was registered on the complaint petition of the complainant Smt. Manju Devi wife of respondent No. 2, Hareram Sao, alleging therein that she was married to this accused on 8.6,1987 and she was living with him as husband and wife. It is alleged that after some time her husband and other accused persons started torturing her for dowry and for non-fulfilment of the demand of dowry she was left at Arrah station for which Arrah Mofussil P.S. Case No. 48 of 1992 under Section 498A, I.P.C. and under Sections 3 and 4 of the Dowry Prohibition Act was insti...
Tag this Judgment!Md. BadruddIn and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-21-2000
D.P.S. Choudhary, J.1. The appellants have preferred this appeal against the judgment and order dated 12th of December, 1996 passed by the 2nd Additional Sessions Judge, Bhagalpur in Sessions Trial No. 593 of 1994 convicting all the seven appellants under Sections 326, 307 and 498A of the Indian Penal Code (hereinafter referred to as the 'I.P.C.') and sentenced each of them to undergo R.I. for five years, ten years and one year respectively. All the appellants were also convicted under Sections 3 and 4 of the Dowry Prohibition Act but no separate sentence was awarded under these sections. The sentences were ordered to run concurrently.2. The prosecution case in brief is that informant Sogra Khatoon (P.W. 4) who is mother of the victim lady gave a written report dated 31.5.1992 before the Superintendent of Police, Bhagalpur, alleging that her husband Abdul Hafiz (P.W. 1) employed at Calcutta in the Defence Department. The victim lady Rizwana Khatoon is her daughter. She was married wit...
Tag this Judgment!Purnia KumharIn Vs. Sitaram Singh and ors.
Court: Patna
Decided on: Feb-21-2000
G.S. Chaubey, J.1. Heard both sides. This appeal has arisen from the award made by Motor Accidents Claims Tribunal of Dhanbad in Claim Case No. 144 of 1992 in favour of the present appellant and two others (appellant Nos. 1 and 2) who subsequently died entailing expunction of their names from the appeal. The claim has arisen out of a motor vehicle accident in course of which two persons had died. Consequently, two claim cases were instituted by the heirs and dependants of each of the deceased. Those claims were registered as Title (MV) No. 144 of 1992 and Title (MV) No. 147 of 1992. In both the claim cases, it had been alleged that the deceased were masons earning Rs. 1,875 per month. By a common judgment, the Claims Tribunal allowed the claims for compensation. In respect of the deceased giving rise to the present appeal out of Case No. 144 of 1992, the Claims Tribunal held that the annual income of the deceased was Rs. 7,200. By deducting 50 per cent as income spent on his own, the ...
Tag this Judgment!Fakli Devi and ors. Vs. Budhram Mahto and ors.
Court: Patna
Decided on: Feb-21-2000
Nagendra Rai, J. 1. The plaintiffs-appellants have filed this appeal under clause 10 of the Letters Patent of the Patna High Court against the judgment and decree dated 31-1-1989, passed by a learned single Judge of this Court dismissing the appeal against the Judgment and decree dated 23-12-1975, passed by the 5th Subordinate Judge, Ranchi, in Partition Suit No. 382/200 of 1968/1974 dismissing the suit for partition. 2. Admittedly, both the parties are governed by Mitakshara School of Hindu Law and their ancestor was one Raiya Mahto, who had two sons, namely, Chaitan and Dalu. Original Plaintiffs Nos. 1 to 3 and defendants Nos. 1 to 3 belong to the braneh of Chaitanand defendants Nos. 4 to 15 belong to the branch of Dalu. 3. According to the plaintiffs, families of both the branches of Chaitan and Dalu were joint and they possessed ancestral properties described at the foot of the plaint. Out of thenucleus, the joint family acquired properties in the name of one or the other member...
Tag this Judgment!Baijnath Paswan Vs. State of Bihar
Court: Patna
Decided on: Feb-18-2000
D.P.S. Choudhary, J.1. This appeal has been preferred by the appellant against the judgment and order dated 23rd of September, 1996 passed by 3rd Additional Sessions Judge, Begusarai in Sessions Trial No. 418 of 1993, convicting the appellant Baijnath Paswan under Sections 395 and 412 of the Indian Penal Code (hereinafter to as the I.P.C.) and sentenced him to undergo R.I. for 10 years and 5 years respectively. His sentences were ordered to run concurrently. Originally four accused-persons were tried for the offence Under Sections 395 and 412, I.P.C. but the remaining three accused-persons were found not guilty and were acquitted and discharged from the liabilities of their bail-bonds. One of the accused Ram Pukar Tanti died during the pendency of the trial and hence proceeding against him was ordered to be withdrawn.2. The prosecution case in brief is that P.W. 5 (Bhagwan Mandal) in his fardbeyan (Ext. 3) recorded by P.W. 7 (Shakti Kumar, Verma), S.I. of Begusarai Town P.S. on 18.3.1...
Tag this Judgment!Arjun Rai Vs. State of Bihar
Court: Patna
Decided on: Feb-18-2000
D.P.S. Choudhary, J.1. This appeal has been preferred by the sole appellant Arjun Rai against the judgment and order dated 17th of July, 1996 passed by the 1st Additional Sessions Judge, Nawadah in Sessions Trial No. 271 of 1994/33 of 1994 convicting the appellant under Section 304 (Part II) of the Indian Panel Code (hereinafter referred to as the 'I.P.C.') and sentenced him to undergo RI for 10 years.2. The prosecution case in brief is that in his fardbeyan (Ext. 4), the informant Etwari Rai (PW-5) recorded by SI Binod Kumar (PW-6) on 22.2.1994 at Primary Health Centre, Kawakol, district Nawadah stated that on this day at about 4.00 p.m. accused Arjun Rai was quarrelling with his father for the sake of getting wages of Kahari in the marriage ceremony of Basudeo Rai. In the meantime, the uncle of accused Arjun Rai intervened and asked him not to quarrel with his father. Thereupon, Arjun Rai gave a Tangi blow on the head of Mahadeo Rai causing serious injuries. The injured was removed ...
Tag this Judgment!Dr. Sudhir Kumar Singh and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-18-2000
Shiva Kirti Singh, J. 1. All the six petitioners in this writ application have obtained G.A.M.S. degrees from State Faculty of Ayurvedic and Unani Medicines (hereinafter referred to as the 'State Faculty') established under Section 17 of the BiharDevelopment of Ayurvedic and Unani System Act of 1951 (hereinafter referred to as the Act of 1951). They have prayed, in this writ application filed under Article 226 of the Constitution of India, to quash the letters dated 11-8-1998 (Annexure 5 series) issued by respondent No. 2 Head of the Department-cum-Convenor, Post-graduate Admission Committee, Post-graduate Department, Govt. Ayurved College, Patna by which the admission committee has rejected the applications of the petitioners for appearing in an examination for admission in Post-graduate course in Ayurved leading to award of Doctor of Medicine degree in Ayurved. The petitioners have further sought a declaration that the respondents may be directed to treat the petitioners eligible f...
Tag this Judgment!Atahaul Haque and ors. Vs. Md. Allauddin
Court: Patna
Decided on: Feb-18-2000
Indu Prabha Singh, J.1. This application under Sub-sections 397 and 401 of the Code of Criminal Procedure, 1973 (in short 'the Code') is directed against the order dated 26-7-1997 passed in Cr. Revision No. 1/97/19/97 by Shri Binod Mohan Prasad, 2nd Additional Sessions Judge, Jehanabad through which the order passed by Shri S. Shah, Executive Magistrate acting as Sub-Divisional Magistrate, Jehanabad in Case No. 193 (M)/97, dated 25-2-1997 was set aside.2. On the strength of a report dated 13-2-1997 submitted by the Anchal Adhikari, Jehanabad a proceeding under Section 144 of the Code was started on 15-2-1997 by the Sub-Divisional Officer, Jehanabad against both the parties with respect to 37 decimals of land bearing Plot No. 346, Khata No. 94 of Village Umta Police Station and District Jehanabad. In the said report the Anchal Adhikari had stated that 8 bags of cement of petitioner No. 2, Uday Shanker, was lying in the room at the disputed land. When the Anchal Adhikari returned from t...
Tag this Judgment!Sri Parimal and anr. Vs. State and ors.
Court: Patna
Decided on: Feb-18-2000
N. Pandey, J.1. The questions involved in these cases are whether the District Magistrate, Patna, had jurisdiction to demolish the hoardings erected by the petitioners for their business activities pursuant to the agreement/leases with the District Board, Patna, as well as the Bihar State Road Transport Corporation (In short 'Transport Corporation')?2. Before considering the rival contentions of the parties, it would be apt to have a brief survey of some of the facts. Petitioners in both the cases, at the relevant time, were carrying on business of advertising agency, Petitioner in C.W.J.C. No. 8265 of 1992 was a lessee of the District Board for five years with effect from 1.4.1989 to 31.3.1994 whereas petitioner in C.W.J.C. No. 8264 of 1992 had taken a licence from the Transport Corporation for a period of 1.12.1991 to 30.11.1994 on payment of 5.5 lacs. According to the petitioners, in view of the provisions of the Bihar Finance Act, 1981 (Part II) (In short 'the Finance Act'), they ...
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