Patna Court February 2000 Judgments
Sunil Singh Alias CaptaIn Sunil and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-17-2000
B.P. Singh, J. 1. The petitioners in these three writ petitions are the co-accused in connection with Gardanibagh (Shastri-nagar) P.S. Case No. 336/98. In the said case the Chief Judicial Magistrate took cognizance of offences under Sections. 302,307,379, 359,339 and 120B of the Indian Penal Code as also under Section 27 of the Arms Act, After taking cognizance the case records were transferred to the Court of Sri B.K. Tiwary, Judicial Magistrate, 1st Class, Patna for commitment. In these writ petitions the prayer of the petitioners is that this Court should direct their release on the ground that in the absence of any valid order of remand their detention in judicial custody was illegal. It is their case that for months together they have never been produced before the concerned Magistrate, nor has any valid order of remand been passed authorising their detention in jail in judicial custody.2. The representative facts may be taken from Cr. W.J.C. No. 574/99, Petitioner Sunil Singh al...
Tag this Judgment!Lakhi Kanta Singh and Kalicharan Singh @ Suru Singh and ors. Vs. the S ...
Court: Patna
Decided on: Feb-17-2000
Deoki Nandan Prasad, J.1. Both Criminal Miscellaneous No. 8889 and 10510 of 1998 (R) have been heard together as they arise out of complaint Case No. 33/98 and 34/98 whereby the learned Judicial Magistrate, Ghatsila took cognizance and both the applications have been filed for quashing the orders taking cognizance dated 8.9.1998 and 8.10.1998 respectively for the offence under Sections 147/148/323/447 and 427 of the Indian Penal Code. Both the Criminal Miscellaneous No. 8889 and 10510 of 1998 (R) are being disposed of by this common order.2. Short facts giving rise to these applications that two complaint cases were filed against all the petitioners alleging therein that the accused-persons including the petitioners after forming unlawful assembly with weapons came to the field and destroyed paddy seeding Which caused wrongful loss to the opposite party/complainant to the tune of Rs. 3,000/- approximately. It is further alleged that the accused-persons/petitioners also assaulted by fi...
Tag this Judgment!Jagai Soren Vs. State of Bihar
Court: Patna
Decided on: Feb-17-2000
D.P.S. Choudhary, J.1. This jail appeal has been preferred by the sole appellant against the Judgment and order dated 26th of May, 1993 passed by the 1st Assistant Sessions Judge, Dumka in Sessions Case No. 1 of 1993 convicting the appellant under Sections 376 and 442 of the Indian Penal Code (hereinafter referred to as the 'I.P.C.') and sentenced him to undergo R.I. for seven years and six months respectively. Both the sentences were ordered to run concurrently.2. The prosecution case in brief is that the victim lady Sonamuni Marandi (P.W. 4) in her fardbeyan dated 29.3.1992 recorded by S.I. Amod Narayan Singh of Shikaripara P.S. (P.W. 8) alleged that on Friday, a day before yesterday, she was returning from Shikaripara Hatia at about 7.00 p.m. When she reached near the school building of her village, accused Jagai Soran caught hold of her and dragged her inside the school. She tried to raise hulla but he put his napkin into her mouth. The accused confined the victim lady inside the ...
Tag this Judgment!Laxman Prasad Vs. State of Bihar
Court: Patna
Decided on: Feb-16-2000
D.P.S. Choudhary, J.1. The sole appellant has preferred this appeal against the judgment order dated 17th of August, 1996 passed by the 2nd Assistant Sessions Judge, Nawadah in Sessions Trial No. 7 of 1994/272 of 1994 whereby and where under the trial Court convicted the appellant under Sections 324 and 342/34 of the Indian Penal Code (hereinafter referred to as the 'I.P.C.') and sentenced him to undergo imprisonment for the period already undergone by him under Section 324, I.P.C. but no separate sentence was passed against him under Section 342, I.P.C. The appellant was charged and tried in the Court below for the offence punishable under Sections 307/34 and 342/34, I.P.C. but the trial Court acquitted him under Section 307/34, I.P.C. and instead convicted him under Section 324, I.P.C. as indicated above.2. The prosecution case in brief is that on 10.4.1994 the informant Sushma Devi (PW-10) gave a fardbeyan before the ASI Umakant Roy (PW-9) of Warsaliganj PS at 7.30 a.m. alleging th...
Tag this Judgment!Sadhu Alias Langra Alias Shivji Mahto Vs. State of Bihar
Court: Patna
Decided on: Feb-15-2000
D.P.S. Choudhary, J.1. This appeal has been preferred against the judgment and order dated 21st of August, 1996 passed by the Sessions Judge, Katihar in Sessions Case No. 233 of 1995 convicting the sole appellant under Section 376 of the Indian Penal Code (hereinafter referred to as the 'I. P. C) and sentenced him to undergo R. I. for seven years.2. The prosecution case in brief is that in her fardbayan dated 13-8-1995 recorded at 7.30 p.m. at Samapur Police Outpost the victim girl Kanti Kumari (P. W. 1) alleged that her mother is dead. Her father remains mostly ill. On this day at about 2.00 p.m. her father has sent her along with her younger sister Soni to Samapur Chowk for selling onion and potato etc. In the evening she sent back the remaining onion and potato left out after sale with her younger sister and a Coolie to her house. In the way she met accused Langra who gave her a cake to eat and took her inside the Gumati. It was further alleged that he forcibly committed rape on he...
Tag this Judgment!Binod Kumar Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Feb-15-2000
S.K. Chattopadhyaya, J.1. In this writ application the petitioner has challenged the order of the Regional Labour Commissioner (Central) an Authority under the Minimum Wages Act, Dhanbad, dated February 1, 1988, by reason of which he has directed the petitioner to pay a sum of Rs. 17094/- towards claim of less payment and also awarded compensation to twenty one employees. The order dated December 8, 1988 has also been impugned by which the said Authority has refused to review his order. 2. The point, which is to be decided in this case is as to whether the Authority under the Minimum Wages Act has jurisdiction to entertain a claim for less payment of wages under Section 20(1) of Minimum Wages Act. 3. Respondent No, 2, Labour Enforcement Officer (Central), Gaya, exercising his power under Section 20(1) of the Minimum Wages Act complained to the Authority against the petitioner alleging, inter alia, that the petitioner has paid less than the minimum wages fixed for their categories of ...
Tag this Judgment!Nawal Kishore Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-15-2000
M.Y. Eqbal, J.1. In this writ application, the petitioner has prayed for issuance of an appropriate direction commanding upon the respondents to pay the amount of pension, gratuity leave encashment and arrears of salary for the period 27.12.91 and 31.8.94 as the petitioner retired on 31.8.94.2. Some undisputed facts are as under:The petitioner retired from service on 31.8.94 while he was working on the post of Executive Engineer, Water Resources Department, Advance Planning, Patna. On 27.2.91, the petitioner was put under suspension in a contemplation of a departmental proceeding while he was posted as Executive Engineer Minor Irrigation, Simdega. On 4.9.91 the petitioner was served with a charge-sheet and in pursuance thereto he filed his detailed show cause/reply. The inquiry officer proceeded with the enquiry and submitted his inquiry report on 9.3.93. On submission of the enquiry report second show-cause notice was issued by the respondents on 26.4.94 and a reply thereto was filed...
Tag this Judgment!Md. Anwar and anr. Vs. State of Bihar
Court: Patna
Decided on: Feb-15-2000
D.P.S. Choudhary, J.1. This appeal has been preferred against the judgment and order dated 9th August, 1996, passed by the 2nd Additional Sessions Judge, Katihar, in Sessions Case No. 266 of 1995/23 of 1996, convicting appellant No. 1 Md. Anwar under Section 304B of the Indian Penal Code (hereinafter referred to as the 'I.P.C.') and sentencing him to undergo RI for 10 years. He has further been convicted under Section 201, I.P.C. and sentenced to undergo RI for three years. But, the sentence under Section 201, I.P.C. was ordered to remain suspended. Appellant No. 2, Abuzar Ali has been convicted under Section 201, I.P.C. and sentenced to undergo R.I. for three years and to pay a fine of Rs. 500 and in default to payment of fine to undergo RI for six months.2. Before the trial Court, in all four accused persons including the two appellants were tried for the offence under Sections 304B/34, I.P.C. and 201/34, I.P.C. The trial Court, however, acquitted the other two accused after giving ...
Tag this Judgment!Kunwa Mandal and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-15-2000
Ashok Kumar Verma, J.1. Both these criminal appeals are disposed of by a common judgment as they arise out of the same judgment passed in Sessions Tr. Case No. 229/90/287/90 by the 6th Additional Sessions Judge, Shagalpur.2. In Cr. Appeal No. 271 of 1994, there are three appellants : 1. Kunwa Mandal, 2. Ranjit Raj Mandal and 3. Etwari Mandal. In Criminal Appeal No. 224 of 1994, there are four appellants. 1. Ratan Mandal, 2. Bajo alias Shailendra Mandal, 3. Arbind Mandal and 4. Jharu Mandal. All the seven appellants of the two criminal appeals have been convicted under Sections 302/149 and 148 of the Indian Penal Code and sentenced to undergo R.I. for life under Section 302/149, I.P.C. No separate sentence has been passed for the offence under Section 148, I.P.C.3. In short the case of the prosecution is that at 12 'Clock in the day of 19-4-89 deceased Ram Chandra Singh, brother-in-law (Dewar) of the informant Chando alias Chandri devi was sitting at his verandah after taking meal. In ...
Tag this Judgment!Niwash Yadav and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-15-2000
Shiva Kirti Singh, J. 1. Heard the parties. An intervention application has been filedto support the stand of the writ petitions. Let the same be kept on record. However, in view of the order proposed no separate order need to be passed with regard to the intervention application. 2. This writ petition has been filed in representative capacity by two petitioners. Petitioner No. 1 claims to be the President of the Students Union in the district of Siwan and petitioner No. 2 has claimed to be the General Secretary of an Association of Schools which have received permission for establishment but have not been recognised. The prayer made in this writ petition is to direct the authorities especially the Administrator and Secretary of Bihar Secondary School Examination Board to allow those students to appear in the secondary examination for the year 2000 who have got themselves registered in different schools of Siwan district which have received permission for establishment and who have pa...
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