Patna Court February 2002 Judgments
State Through Secretary Agriculture Produce Market Committee Vs. Jokha ...
Court: Patna
Decided on: Feb-15-2002
B.N.P. Singh, J.1. The respondents were prosecuted for contravention of provisions of Bihar Agricultural Produce Market Rules, 1975, punishable under Section 48 of the Bihar Agricultural Produce Market Act, on accusation that on 26th July, 1986, a truck ladden with rice was, allegedly, intercepted by the officials of Agricultural Produce Market Committee, Sasaram, which was pressed into service for selling of the goods. It was alleged that though the driver managed to take the truck, it was eventually intercepted with 120 bags of rice, pursuant to which judicial process was set in motion to put the respondents on trial. In the eventual trial, the prosecution examined four witnesses including Yamuna Prasad, Marketing Inspector (P.W. 2), Ram Neresh Rai, Supervisor, Bazar Samiti (P.W. 2), Choudhary Makhan Prasad Singh, Accounts Clerk (P.W. 3) and Raj Kumar Yadav, Secretary of the Agricultural Produce Market Committee (P.W. 4) who also happens to be the person who set the judicial process...
Tag this Judgment!Manoj Kumar Mishra Vs. Smt. Daropadi Devi and ors.
Court: Patna
Decided on: Feb-15-2002
B.N.P. Singh, J.1. The respondents herein were prosecuted for offences punishable under Sections 120B/34, 420/34, 467/34 and 471/34 of the Indian Penal Code on accusation of getting deed of sale executed without payment of consideration money from Sri Manoj Kumar Mishra and his mother Mst. Sumitra Devi, by forging the documents. After trial commenced against the respondents, altogether 12 witnesses were examined including Sumitra Devi and Manoj Kumar Mishra who were shown to have executed sale deeds, photographers who took photographs of the disputed signatures and also admitted signatures of the executants, handwriting expert and also most of witnesses, including some formal witnesses who brought deed of sale on the record. The defence too examined two witnesses including photographer and handwriting expert ostensibly for countering the allegations attributed to them. It would seem that Devendra Mohan Dutta P.W. 6, Md. Zeenat Hussain P.W. 7, Dinesh Mishra, P.W. 8, Tarkeshwar Pandey P...
Tag this Judgment!State of Bihar Vs. Krishna Singh
Court: Patna
Decided on: Feb-15-2002
Prabhat Kumar Sinha, J.1. Death Reference No. 1 of 2001 arises out of judgment recorded in Sessions Trial No. 211 of 1998/8 of 2000 by the Second Additional Sessions Judge, Aurangabad, in which the condemned prisoner along with twelve other accused was tried, and he was convicted under Section 302 of the Indian Penal Code (hereinafter referred to as the 'Penal Code') and under Section 17 of the Criminal Law Amendment Act and was sentenced to be hanged till death for offence under Section 302 of the Penal Code, as well to undergo simple imprisonment for six months under Section 17 of the Criminal Law Amendment Act.2. This Krishna Singh and other convict Suresh Singh had filed Criminal Appeal No. 139 of 2001 separately and rest of the accused filed another appeal (Criminal Appeal No. 61 of 2001), which all have been heard together and this judgment will govern the Death Reference as well the aforesaid two appeals.3. The appellants, excluding Krishna Singh, were convicted under Section 3...
Tag this Judgment!Sita Ram Singh and anr. Vs. State of Bihar
Court: Patna
Decided on: Feb-14-2002
Shiva Kirti Singh, J.1. This application under Section 482 of Code of Criminal Procedure has been filed by two petitioners Sitaram Singh and his son Ranjit Singh, who are named accused in Madhepur (Luknour) PS Case No. 178/2000 giving rise to GR Case No. 710/2000 pending before the Addl. Chief Judicial Magistrate, Jhanjharpur. The petitioners have prayed for quashing of an order dated 18.1.2001 passed by the learned Magistrate in the aforesaid case whereby the bail granted to petitioners by order dated 1.9.2000 has been cancelled by the same Magistrate on two grounds.2. According to petitioners, the cancellation of their bail is illegal, improper and unjust because the first ground, that is, subsequent death of the injured and addition of Section 302 of the Indian Penal Code is impermissible in law for cancellation of bail and the other ground, i.e. threatening of witnesses has been accepted without any inquiry and verification.3. Because the matter involved cancellation of bail alrea...
Tag this Judgment!Ram Autar Rai Vs. Chandesar Pandit and ors.
Court: Patna
Decided on: Feb-14-2002
B.N.P. Singh, J.1. The respondents along with Nokhe Lal Pandit was prosecuted for offences punishable under Sections 147, 447 and 379/34 of the Indian Penal Code on accusation that on 24th July, 1988, they removed logs of mango tree from the field of Ramwatar Rai, the appellant, of value of Rs. 4,000/- and on resistance, threatened him with dire consequences. It seems that initially the police was set in motion when a police case had been registered on behest of Ramawatar Rai. However, the police case ended in fiasco, as police submitted final report, pursuant to which, a petition of complaint was filed in the Court of Chief Judicial Magistrate, Sitamarhi and it is how that trial commenced against the respondents.2. In the eventual trial, the prosecution examined four witnesses on behalf of the appellant, while three witnesses were examined on behalf of the respondents, there being accusations and counter-accusations between the parties. Both the parties laid their claims over the dis...
Tag this Judgment!Lala Satnarayan Prasad Alias Lala Satya Narayan Prasad Vs. Shiv Nandan ...
Court: Patna
Decided on: Feb-14-2002
B.N.P. Singh, J.1. The respondents were prosecuted for the charges under Sections 144 & 379 of the Indian Penal Code on accusation that after Lala Satya Narain Prasad (P.W. 4) purchased trees in the orchard of Sitaram Singh of value of Rs. 7,100 and paid an advance of Rs. 6,000 for the trees which were being cut, and had been away from the station to arrange truck from Purnea for carriage of fogs, the respondents resisted removal of logs from his custody and after P.W. 3 made protest, he was forced to get out from the orchard. After a police case had been registered on these accusations on behest of Lala Satya Narain Prasad, it appears that on usual investigation, the police submitted final report for insufficiency of evidence, pursuant to which, a petition of protest was filed in the Court of Chief Judicial Magistrate; Purnea when trial commenced against the respondents. The prosecution examined four witnesses including Lala Satya Narain Prasad, and the defence too examined one witne...
Tag this Judgment!Amar Nath Pandey Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-13-2002
S.K. Katriar, J.1. This writ petition is directed against the order dated 19.2.1999 (Annexure 4), and the consequential order dated 28.9.2000 (Annexure 5), whereby respondent No. 4 (Sunil Kumar Sharma, being the new permit-holder) has been allotted the same timing as the petitioner (the existing permit-holder) for the route Madhubani to Vir Kuer Singh Bus Parav (Patna) via Sakri, Darbhanga, Laheriasarai, Kalyanpur, Kisahanpur Railway Station, Muktapur, Samastipur, Musarigharari, Hajipur (Express), arid the return journey.2. The petitioner is the holder of permit to ply passenger bus for the route Kako to Vir Kuer Singh Bus Parva (Patna) via the aforesaid stations, vide permit dated 27.8.1990 (Annexure 1), issued by respondent No. 2 (Regional Transport Authority, Darbhanga), and the return journey. The petitioner's approved time-table states that the departure time for the petitioner from Kako is 4.50 a.m., and the arrival and departure time at Madhubani for Patna is 5.10 a.m. and 5.15...
Tag this Judgment!Smt. Asha Devi Vs. B.S.E.B. and ors.
Court: Patna
Decided on: Feb-12-2002
R.S. Garg, J. 1. Heard learned counsel for the parties.2. The petitioner, an aspirant of a new electric connection, made an application to the State Electricity Board for supply of the energy, but as the State Electricity Board did not act favourably the petitioner came to this Court in C.W.J.C. No. 4124 of 1999. By order dated 16-7-99 the said petition was disposed of with the direction that the petitioner may file a representation before the respondent No. 2, the said respondent No. 2 shall consider the grievances of the petitioner and dispose of the said representation within two weeks by a reasoned order in accordance with law. It appears that thereafter the petitioner made some representations to the State Electricity Board. The petitioner has again come to this Court in the present writ petition making a complaint that though the Executive Engineer issued a demand notice for providing a fresh connection, received the money from the petitioner but was not issuing the new connecti...
Tag this Judgment!Mahendra Choudhary and ors. Vs. Indrasan Devi @ Rudrasan Devi and ors.
Court: Patna
Decided on: Feb-12-2002
S.N. Pathak, J.1. This miscellaneous appeal is directed against the judgment dated 1.8.1994 passed by 5th Additional Distill Judge, Muzaffa, pur, in title appeal No. 7/78 whereby the judgment of the trial Court dated 17.10.1977 passed by Additional Sub-Judge, Muzaffarpur, in title Suit No. 54/74/3/77 was set aside and the suit was remanded to the lower Court for fresh decision.2. The plaintiffs of the suit are the appellants here. The plaintiffs of the suit had sought declaration of their right and title over the suit plot and they had also sought recovery of possession with mesne profit. So far as the material issue relating to title of the plaintiff-appellants is concerned the trial Court decided the issue in favour of the plaintiff-appellants; but fresh issue was recast at the fag end of the trial and after close of all the evidence to the effect whether the suit had abated on account of notification under Section 3 of the Bihar Consolidation of Holdings and Prevention of Fragmenta...
Tag this Judgment!Mohan Ojha Vs. State of Bihar
Court: Patna
Decided on: Feb-12-2002
B.N.P. Singh, J.1 The appellant along with Dinesh Thakur was prosecuted for the offence punishable under Sections 363 and 377 of the Indian Penal Code (IPC) on behest of Smt. Mridula Sinha (P.W. 2) with accusation that in the night of 5-8-1988, after Om Kumar Singh found his younger brother Ranjit Kumar Singh the victim, missing from the bed, he informed his mother who, it was alleged, along with her neighbour made hectic searches for Ranjit Kumar Singh when the latter came to them weeping on having come out from a thatched roofs house and disclosed the complicity of the petitioner and one Dinesh Thakur about commission of carnal intercourse with him against the order of nature. After the Police was set in motion, investigation commenced and in course of investigation, the Police Officer recorded statement of witnesses, got the victim examined by the Doctor, secured injury report, prepared a production list of the wearing apparel of the victim on its production by his mother, visited ...
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