Patna Court March 2002 Judgments
Chando Devi Vs. the State of Bihar
Court: Patna
Decided on: Mar-13-2002
Indu Prabha Singh, J. 1. All the appellants have been convicted under Sections 304B/34 and 498A/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years under Section 304B/34 and three years under Section 498A/34 of the Indian Penal Code. However, both the sentences have been ordered to run concurrently.2. The prosecution case in short is that one Chaukidar, namely, Baleshwar Paswan gave statement before the police on 9-8-1987 at about 3.15 p.m. alleging therein that he heard Hulla that the wife of Shankar Sao has committed suicide. He went there and saw the deceased (wife of Shankar Sao) lying dead on a cot and all the family members were not present there. He saw one black mark swelling on the neck of the deceased. It has been further stated that the grand mother-in-law of the deceased Chando Devi in the morning had stated that the deceased used to quarrel with her. He deputed another Chaukidar, Arjun Prasad near the deceased and then he went to the...
Tag this Judgment!Rameshwar Mahto Vs. the State of Bihar
Court: Patna
Decided on: Mar-11-2002
B.N.P. Singh, J.1. Since there was deposit of mud in front of house of Brahmadeo Mahto P.W. 9 due to rain, and while he was removing mud from the lane and pasting it on the wall, it was alleged that the appellant along with Jagdish Mahto, Bhola Mahto and Jageshwar Mahto came and protested pasting of mud on the wall, pursuant to which, on exhortation made by Rameshwar Mahto, Brahmadeo Mahto on having trespassed in his house, dealt blow by grasa though aim was lost. It was alleged that when second blow was given, Brahmadeo Mahto suffered injury on his left leg and dropped on the ground. The witnesses who flocked to the place of occurrence were suggested to be the ocular witnesses of the incident, and with these accusations the prosecution was launched against the appellant and three others on behest of Brahmadeo Mahto. After the police was set in motion, investigation commenced in course of which the police Officer recorded statement of witnesses under Section 161 of the Code of Crimina...
Tag this Judgment!Purana Panapur Panchayat Shramik Sahyog Samitte Ltd. Vs. State of Biha ...
Court: Patna
Decided on: Mar-11-2002
R.S. Garg, J.1. Heard learned Counsel for the parties.2. In relation to grant of a sand quarry the respondent No. 5 took up the matter in revision under Rule 45 of the Bihar Mines and Minerats Concession Rules, 1972 before the Commissioner-cum-Secretary, Department of Mines & Geology, Government of Bihar. The authority issued an order of ad interim stay on 8-2-2002. The petitioner being aggrieved by the said ex-part order has come to this Court levelling number of allegations against the private respondents so also against the respondent No. 2. The specific allegation made against the respondent No. 2 was that for the period between 7-2-2002 and 10-2-2002 the concerned officer was on casual leave, such authority was not available for passing the orders, the authority must be held to have passed an order contrary to law even when he was not working in the office. In fact insinuations and imputations have been made not against the Officer but against the manner in which the order has be...
Tag this Judgment!Diwakant Jha and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-07-2002
R.S. Garg, J. 1. Heard learned counsel for the parlies. 2. Learned counsel for the petitioners very vehemently contended that Annexures 3 and 5 are all bad because the authorities have issued these directions beyond their competence and without any authority of law. Though number of the arguments have been raised by the petitioners' counsel but unfortunately the petition does not contain a copy of the representation made by the petitioners to the concerned Officer. The petitioners, in paragraph 14 of the petition, simply say that a delegation met the concerned Officer and made a representation despite that no positive action is being taken by the respondents. Paragraph 14 of the petition reads-- 'That the respondents are acting in arbitrary and capricious manner and are ignoring the interest of deed writers and stamp vendors and any delegation by the association and its representation is notheaded to. .... .' 3. The petition is beautifully vague in these pleadings and is conspicuously...
Tag this Judgment!State of Bihar and ors. Vs. Jitan Saw
Court: Patna
Decided on: Mar-07-2002
1. This Letters Patent Appeal by the State of Bihar and its officers arises from a writ petition, CWJC No. 8460/96, which the sole respondent preferred for quashing the order of the Superintending Engineer, Design Circle, Road Construction Department, dated 26.6.1996, rejecting his claim for second time-bound promotion. The learned Single Judge before whom the case came up for hearing took a view, that though the respondent had been allowed regular promotions as Draftsman Grade II and Draftsman Grade I and thereby he was entitled to salary in the scale of Rs. 1400-2600/-, the same was not given. It was by virtue of the second time bound promotion that he started getting salary in that scale which has since been cancelled and decision has been taken to recover the excess amount fixing salary in the scale of Rs. 1400-2300/-. In the opinion of the learned Judge, if the respondent was not entitled to the scale admissible to the post of Draftsmen Grade I, he was certainly entitled to time ...
Tag this Judgment!Radha Prasad Bhagat Vs. State of Bihar
Court: Patna
Decided on: Mar-07-2002
B.N.P. Singh, J.1. Though the appellant was prosecuted under Section 7 of the Essential Commodities Act, for violation of Clause 3 of the Bihar Trade Articles (Licences Unification) Order, 1984, and also Clauses 3(a) and 7 of the Bihar Essential Articles (Display of Prices & Stocks) Order, 1977, he suffered conviction only for violation of Clause 3(a) of the Bihar Essential Articles (Display of Prices & Stocks) Order, 1977 on exoneration of the charges of former and was sentenced to suffer rigorous imprisonment for a term of six months.2. The factual matrix—the business premises of the appellant was allegedly inspected by Shri Shobha Kant Mishra, the then Marketing Officer (P.W. 5) in presence of other officials and it was found that ten quintals of maize and 30 quintals of wheat were kept in the business premises for which neither licence nor stock register or other allied papers were ever produced before the Inspecting authority. It was also noticed that the appellant had not ...
Tag this Judgment!Abu Bakar Siddique Vs. State of Bihar
Court: Patna
Decided on: Mar-07-2002
B.N.P. Singh, J.1. The appellant suffered conviction under Section 7 of the Essential Commodities Act for alleged violation of the terms and conditions of the licence issued under the Bihar Trade Articles (Licences Unification) Order, 1984 and was sentenced to rigorous imprisonment for one year.2. The factual matrix-the fair price shop of the appellant, established under the Public Distribution System was allegedly inspected by Md. Asfaque, the then Marketing Officer, Sikty, in the company of other officials and certain irregularities and discrepancies in maintenance of stock were noticed. The stock position was found not displayed on a conspicuous place of the business premises. A police case was registered on behest of the Marketing Officer and investigation commenced on conclusion of which the Police laid charge-sheet and the appellant was eventually put on trial. In the trial that commenced, the State examined altogether four witnesses including the Reporting Officer and the trial...
Tag this Judgment!Mangal Sah Vs. State of Bihar
Court: Patna
Decided on: Mar-07-2002
B.N.P. Singh, J.1. The appellant suffered conviction under Section 7(i)(a)(ii) of the Essential Commodities Act for violation of Clause III, 6(v) of the Licence and Clauses 6(a) and 7 of Bihar Foodgrains Dealers Licensing Order, 1967, on being tried by Special Judge, Samastipur in G.R. Case No. 2352 of 1983 and was sentenced to suffer rigorous imprisonment for a term of 2 years on that count.2. The factual matrix-business premises of the appellant was inspected by Shri Balram Prasad Das, Executive Magistrate, Dalsinghsarai in the company of other officials, and on physical verification of the Foodgrains stored in the business premises, it was noticed that the stock had exceeded the store-limit prescribed under the rules and also that the stock register, cash memo, and other relevant papers were not found in the shop. The display, board hung in the shop was not written in legible manner. In the eventual trial, the State examined altogether 8 witnesses including the Reporting Officer an...
Tag this Judgment!Sewak Prasad Vs. State of Bihar
Court: Patna
Decided on: Mar-06-2002
S.N. Pathak, J.1. This revision is directed against the judgment dated 28-7-2000 passed by the Addl. Sessions Judge, I Katihar in Cr. Appeal No. 18/96. Revisionist was convicted by the trial Court in its judgment dated 20-4-1996 passed by the Judicial Magistrate, Katihar in GR Case No. 730/90, Trial No. 8/96 under Sections 279, 304A, 337 and 338 IPC. He was sentenced to undergo Rl for one year for the offence under Section 304A IPC and same sentence was awarded nor the offence under Section 338, IPC. He was further sentenced to under Rl for 3 months under Section 379, IPC. All the sentences were directed to run concurrently.2. It has been submitted that there was no evidence that the revisionist was driving the concerned truck at the relevant time and he was negligent. Circumstances rather indicated that the truck was being driven on its right side. i.e. left side of the road whereas Ambassador car in which the deceased was sitting was on the wrong side of the road i.e. on right side ...
Tag this Judgment!Asrar Alam @ Chunnu @ Md. Israr Alam @ Chunnu Alam Vs. the State of Bi ...
Court: Patna
Decided on: Mar-06-2002
B.N.P. Singh, J.1. The sole appellant who was prosecuted for the charge under Section 366 of the Indian Penal Code suffered conviction under Section 363 of the Indian Penal Code on being tried by Shri Priya Saran, VIth Additional Session Judge, Purnea in Sessions Trial No. 158 of 1985 on accusation that six days preceding 25th March, 1979, while Asha Kumari (PW-5) was going to house of Tola Ram where she was working as maid servant, the appellant who had developed proximity with her in past, persuaded her to give her company to him on false pretext, and an assurance of marrying her took her to Calcutta. It was alleged that the appellant kept her in a room in Calcutta and from there she was taken to Purnea and where from they came down to Madhepura and while going to Singheshwar Asthan for celebration of marriage ceremony were apprehended by the local police, pursuant to which on behest of Asha Kumari a case was registered and investigation commenced. During investigation, police recor...
Tag this Judgment!- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »