Patna Court March 2002 Judgments
Parichhan Rai ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Mar-06-2002
S.N. Pathak, J.1. This revision is directed against the judgment dated 19-8-2000 passed by the Addl. Sessions Judge IIIrd, Sitamarhi in Session Trial No. 346/06/28/98. The revisionists were convicted for the offence under Sections 324,147, 148, IPC and they were directed to furnish security bond for Rs. 5,000/- for maintaining peace and to be of good behaviour for one year.2. Revisionist lawyer submitted that the complainant and the revisionist all had purchased some plots from the same vendor. There is also a counter case. So, order of conviction may be set aside.3. However, I find that the trial Court came to the conclusion that the revisionist had committed the offence under Sections 324, 323,147, IPC. The very fact that there is counter case, indicates that there was the same time of the occurrence on the alleged date or on the alleged time. Initially, revisionists were prosecuted under Section 307, IPC and the trial Court, on the basis of the evidence, convicted them only under S...
Tag this Judgment!Md. RaqeemuddIn and ors. Vs. State of Bihar
Court: Patna
Decided on: Mar-06-2002
S.N. Pathak, J.1. This revision is directed against judgment dated 20-11-2000 passed by the Addl. Sessions Judge II, Nawadah, in Session Trial No. 297/89/11/98. The revisionists were convicted under Sections 448 and 323, IPC and they were directed to furnish bond to maintain peace and to be of good behaviour.2. It has been submitted by the revisionists' lawyer that there was case filed against the informant and others for the occurrence in the year 1984 which has ended in conviction on 17-5-2000. So, this false case was filed against the revisionists.3. As per allegation, revisionists entered the compound of the informant and exploded a bomb but the doctor did not find any bomb injury on the person of the informant. No splinter, etc. was found at the place of occurrence. So, the story of explosion of bomb is concocted one. All the witnesses examined in this case are inter-related and they were not specific that the revisionists had entered the house of the informant. However, on peru...
Tag this Judgment!Chandra Deo Rai and ors. Vs. State of Bihar
Court: Patna
Decided on: Mar-06-2002
S.N. Pathak, J.1. This revision is directed against the judgment dated 3-7-2000 passed by the Addl. Sessions Judge, Aurangabad, in Cr. Appeal No. 123/96/6/99, confirming the judgment of the trial Court dated 13-9-1996 passed by the Judicial Magistrate, 1st Class in Complaint Case No. 216/86, trial No. 182/1996. Revisionists were convicted for the offence under Sections 323 and 379, IPC and they were sentenced to undergo Rl for six months and one year respectively. The sentences were directed to run concurrently.2. Revisionists were prosecuted on the allegation that on 27-11-1986 at 9 a.m. accused-persons harvested the paddy crops of the complainant.3. No body appeared when this revision was called out for hearing.4. Memo of revision states that only interested witnesses have been examined and the land under disputewas subject of the title suit as also proceeding under Section 144 Cr. P.C. However, the trial Court, on the basis of the evidence adduced in its Court held that interested...
Tag this Judgment!Shyam Bihari Prasad Vs. Birendra Prasad and ors.
Court: Patna
Decided on: Mar-06-2002
M.L. Visa, J. 1. This is an order on the application filed on behalf of respondent No. 1 raising preliminary objection regarding the maintainability of election petition and reply thereto filed by the election petitioner. 2. The case of respondent No. 1 is that the copy of election petition which has been served on him is not true copy of election petition and pages concerning verification and affidavit have not been served on him and, therefore, the election petition is fit to be dismissed under Section 86(1) of the Representation of the Peoples Act, 1951 (hereinafter referred to as the Act) for non-compliance of Section 81(3) of the Act. The another objection of respondent No. 1 is that the petitioner in his election petition has made reckless and imaginary allegations of commission of irregularities and illegalities in the counting of ballot papers but he has failed to furnish material facts and relevant particulars regarding these allegations and there is no contemporaneous docum...
Tag this Judgment!Gudi Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-05-2002
P.K. Sinha, J.1. This is a petition under Article 226 of the Constitution of India preferred by Gudi Singh, wife of Brahma Singh. It is admitted position that said Brahma Singh was in custody in connection with Dhuraundha (M.H. Nagar) P.S. Case No. 29 of 1999 for various offences and was remanded to judicial custody by the learned Judicial Magistrate, Siwan on 12.2.1999 and was interned in Siwan Jail. It is admitted position that quarrel took place in jail on 20.3.2000 amongst the jail inmates and allegedly, a group of such inmates assaulted Brahma Singh within the premises of the jail on 20.3.2000, as a result of which he subsequently died and a case for that was filed which, the learned counsel for the petitioner admits, ended in acquittal. However, there is no dispute that while in jail custody as a result of such assault Brahma Singh had died. The petitioner has claimed a compensation of Rs. 10,00,000 stating that she is widow of late Brahma Singh having two minor children aged ab...
Tag this Judgment!Jawaharlal Prabhakar Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-05-2002
R.S. Garg, J. 1. Heard learned counsel for the parties. The petitioner had come to this Court making a complaint that the respondents be directed to decide the petitioner's application for grant of a OBC certificate after following the circular of the State Government, as contained in Annexure 4. It appears that during the pendency of this writ petition the application filed by the petitioner for issuance of the OBC certificate was rejected, therefore, the petitioner filed an application for amendment challenging the correctness of the order passed by the District Magistrate on 20-12-2001, as contained in Annexure A to the counter-affidavit. The petitioner submits that the order passed by the District Magistrate runs contrary to the circular issued by the State Government and as such the same deserves to be quashed. 2. The respondents in their counter have stated that the petitioner does not come within the purview of the OBC and is to be counted out or excluded from the reservation i...
Tag this Judgment!Meghnath Yadav and ors. Vs. State of Bihar
Court: Patna
Decided on: Mar-04-2002
B.N.P. Singh, J.1. Shiv Balak Yadav, Meghnath Yadav, Raghunath Yadav, Ram Gope Yadav, Babulal Yadav, Shiv Barat Yadav and Ghamandi Yadav were prosecuted of the charges under Section 323 of the Indian Penal Code (IPC) read with Section 149, IPC on accusation of voluntarily causing hurt to Gora Yadav and Ramhit Yadav, by means of hard and blunt substance, on forming unlawful assembly, and all of them having acted in prosecution of common object of the unlawful assembly. Deonath Yadav, Jagdish Yadav and Kish Yadav were prosecuted for the charges under Section 324, IPC read with Section 149, IPC. on accusation of voluntarily causing hurt to Ramhit Yadav by means of sharp-cutting weapon, in prosecution of common object of the unlawful assembly. Meghnath Yadav was prosecuted for the charges under Section 436, IPC.2. The factual matrix - the accusation against the appellants and others was that on 22nd May, 1980, at about noon, they came and having trespassed in the house of Raghunandan Yada...
Tag this Judgment!Bhuneshwar Singh and anr. Vs. State of Bihar
Court: Patna
Decided on: Mar-01-2002
Indu Prabha Singh, J.1. Both the appellants have been convicted under Section 395 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years each.2. The prosecution case in short is that in the night between 12/13th of May, 1981 the informant went to sleep in his room. His wife and son Jagdip Chaudhary were sleeping in the courtyard at about 2 p.m. 13-20 persons came at his Darwaja, out of them 4-3 persons entered his room. They were armed with torch and dagger and the rest of dacoits who were standing at the Darwaja were pushing the entrance gate of his house. Some of the dacoits came near the informant and enquired about the property kept by him. He replied that he was a poor man and he had not kept any property. One of the dacoits who was armed with iron rod and torch began to assault him at his Panjara with the iron rod. The dacoits who were standing at the main gate of the house were threatening to shoot whoever would come near them. According to the ...
Tag this Judgment!Ambika Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Mar-01-2002
B.N.P. Singh, J.1. The appellants were prosecuted for offences punishable under Sections 302/34, 304B and also Section 201/34, along with Section 498A of the Indian Penal Code, on behest of Sitaram Singh (P.W. 2) with accusation that deceased. Pratima Devi, who happened to be his daughter, was married to Rabindra Kumar Sharma, appellant No. 3, about four years back, and shortly after celebration of second marriage, she died due to beating, which caused head injury, by in-laws, who had been insisting on the victim lady to fetch dowry from her parents. It was alleged that her dead body was cremated without information to them. After the police was set in motion, investigation commenced and during investigation, the police recorded statement of witnesses under Section 161 of the Code of Criminal Procedure, visited place of occurrence, and on conclusion of investigation, laid charge-sheet before the Court to face trial. After the eventual commitment, the appellants were put. on trial, and...
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