Patna Court May 2002 Judgments
State of Bihar Vs. Chini Sah
Court: Patna
Decided on: May-24-2002
B.N.P. Singh, J.1. This refers to Death Reference No. 6 of 2000 sent to this Court for confirmation of sentence and also Cr. Appeal No. 515 of 2000, preferred by the convict-'appellant raising a question of defence of insanity for an offence of matricide under Section 302 of the Indian Penal Code and also questioning the legality and validity of the order of conviction and capital sentence, as recorded against him by the learned 12th Additional District & Sessions Judge, Saran, Chapra, in Sessions Trial No. 318 of 1993. Gravamen of the charges against the appellant was about chopping off both the hands and head of his mother, pursuant to which, he was apprehended by the Police and also the public while carrying the cut parts of the body, of his mother, kept in a gunny bag. The appellant allegedly confessed his guilt before the Police and public, pursuant to which, prosecution was launched against him and the trial eventually commenced for consideration of his guilt. In the midst of tr...
Tag this Judgment!Satya Narayan Bind and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: May-24-2002
B.N.P. Singh, J.1. While only mother and her son were in the house, it is alleged that in the intervening night of 2nd/3rd April, 1984, miscreants, having scaled over roof of house with help of bamboos, gained their access in the inner apartment of the house and coercing the house inmates, removed wearing apparel, ornaments and cash and decamped with the booty. It was alleged that when Lal Babu having identified one of them, raised alarm, shouting for help, Kesho Ahir shot him dead and with these accusations, fardbeyan of mother of the deceased was recorded by Shri M.P. Sharma, Sub-Inspector of police of Sonbarsa Police Station at 8.30 a.m. on 3rd March, 1984, pursuant to which first information report was drawn up. The police came in action, collected evidences, recorded statement of witnesses, visited the place of occurrence, sent the dead body to mortuary for post mortem examination, and having received post mortem report, concluded investigation and laid charge sheet before the Co...
Tag this Judgment!Raja Giri Alias Rajaram Giri and ors. Vs. State of Bihar
Court: Patna
Decided on: May-24-2002
B.N.P. Singh, J.1. The incident, out of which the prosecution case arises, happened in the evening on 27th June, 1996 when Rita Kumari (PW 3), was returning after attending, to nature's call. It was alleged that she was intercepted by Raja Girl, Arjun Giri and Tarkeswar Giri, who having relieved her of torch, lay her on the ground, ostensibly with an object to commit rape or her. On alarms being raised by Rita Kumari when house inmates came Parshuram Giri, Dudhanath Giri and Parmeshwar Giri too came there who assaulted victim, when she disclosed Complicity of Raja, Arjun and Tarkeswar to them. The aggrieved victim took recourse to judicial authority by filing a petition of complaint before the Court of the Chief Judicial Magistrate, Chapra, which was, eventually, transmitted to the police for institution of a police case. After police case had been drawn up, the police recorded statement of witnesses and, eventually, laid charge-sheet before the Court. In the eventual trial, that com...
Tag this Judgment!Shiva Manjhi and anr. Vs. State of Bihar
Court: Patna
Decided on: May-22-2002
M.L. Visa, J.1. Shiva Manjhi and Jagdish Dom, both appellants before us, are aggrieved by the judgment and order dated 9th July, 1987 of XIIIth Additional Sessions Judge, Patna passed in Sessions Trial No. 595 of 1986 convicting and sentencing both of them to undergo imprisonment for life under Section 395, Indian Penal Code.2. The case of prosecution, in short, is that on the night intervening between 5.2.1986 and 6.2.1986, informant Kamla Devi (PW-1) posted at that time as a clerk in Bikram Block Office, after taking meal was sleeping in her official residence situated in Bikram Block campus alongwith her family members. She was sleeping alongwith her daughter Sandhya Kumari (PW-5) in the central room of her residence and in the adjoining eastern room, her younger son Raju Kumar (PW-4) was sleeping and in the adjoining western room on the entrance side, her elder son Manoj Kumar (PW-2) was sleeping. At about 1 o'clock, the door of room of informant was opened by a push and at the sa...
Tag this Judgment!Shatrughan Rabidas Vs. State of Bihar
Court: Patna
Decided on: May-22-2002
B.N. P. Singh, J.1. In the intervening nights of 2nd/3rd April, 1995, while house inmates were fast asleep after taking their meals, it is alleged that some dacoits holding arms with them, scaling over the wall of the house, gained their access in the inner apartment of house of Dhananjay Kumar (P.W. 4). It was alleged that they took recourse to firing to scare house inmates, collected them in the courtyard and coercing them, relieved them of their house belongings/which include ornaments, wearing apparels, watches, utensils, etc. and decamped with the booty. The fardbeyan of Dhananjay Kumar, with these accusations, was recorded by Shri CD. Sharma, Sub Inspector of Police of Noorsarai Police Station on 3rd April, 1995 at 6 a.m. at Sitarampur, pursuant to which first information report was drawn up and Police came into action. In usual course of investigation, the Police recorded statement of witnesses, visited place of occurrence and got autopsy held over the dead-body of Chandrika Sh...
Tag this Judgment!The Patna Regional Development Authority and ors. Vs. Amitabh Ranjan M ...
Court: Patna
Decided on: May-16-2002
1. The chequered history of this case is almost 32 years old. On 6.1.1970 vide Resolution No. 14/70 the appellant Patna Regional Development Authority (in short 'the PRDA') resolved to settle certain parts of land abutting the houses mentioned therein with the lessees/owners of the houses. The land in dispute admeasuring 0.83 katha situate by the side of House No. M-3/23. On 3.3.1970 Rewati Mohan Mishra, the father of the petitioners, a lessee of the above referred house was offered the land for Rs. 2463 @ Rs. 3760 per katha. It appears that the petitioners' father was reluctant because the land was under encroachment and delivery of actual physical possession was not possible, However, the said Rewati Mohan Mishra moved this Court in C.W.J.C. No. 1393 of 1982 which was disposed of in terms of a consent order. The relevant portion of the said judgment is as under:(1) The Patna Regional Development Authority be directed to have all the encroachments removed over the disputed piece/parc...
Tag this Judgment!Manoj Kumar Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: May-16-2002
Ravi S. Dhavan, C.J.1. This matter-was brought as a Public Interest Litigation. It is about an open space within the urban agglomeration of Patna known as Hardinge Park. There is no issue, whether it is archives or history, that this Park had been laid out at the time of the visit of Lord Hardinge as Viceroy. Viceroy's and Vicereines of colonial empire meant a lot to those who were administrators under the Crown. A Viceroy had to be feted with grandeur. In those days, what is present Bihar was part of Bengal. People seem to forget that what is Bihar today, at the time of Viceroy Hardinge was part of one province known as Bengal, a province important for the Empire, From Calcutta the Empire moved eastward to take in Burma, and westward for the drama of the grand durbar at Delhi. To the west of Calcutta, the next important city was Patna.2. At the time of the First World War, particularly the period between 1912 and for the next five years, acquisitions were undertaken under the Land Ac...
Tag this Judgment!Manir Ahmad Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-16-2002
R.S. Garg, J.1. Heard learned Counsel for the parties. The Divisional Forest Officer is also present in person. He has submitted his explanation to the notice issued to him under the proceedings dated 14.5.2002 that why he be not punished under the provisions of Contempt of Courts Act.2. The facts necessary for disposal of the issue are that on an earlier occasion the petitioner had come to this Court submitting that the Circular, dated 10.7.2001 was quashed by this Court despite that the Respondent-D.F.O. misinterpreting the Circular and observing that present was a case of inter-State transportation of sawn Shisam wood directed initiation of the proceedings for confiscation of the truck and the Shisam wood/timber. It is worth noting that after the orders of the High Court in earlier matters, the Circular, dated 10.7.2001 was withdrawn by the State Government. The order impugned is Annexure-12. On 7.2.2002 the Divisional Forest Officer recorded that present was a case of inter-State ...
Tag this Judgment!Upendra Narayan Pandit and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-16-2002
Sachchidanand Jha, J.1. These two letters patent appeals by the interveners arise from the judgment and order of a learned Single Judge in CWJC No. 10942/98 directing the Bihar Public Service Commission (in short, 'the Commission') to re-determine the merit list of the candidates on the basis of the qualifying marks prescribed under the statutory rules and not on the basis of the resolution dated 22.12.1990. Certain interim orders were passed in the appeals, by one of which dated 2.3.2000 in LPA No. 1328/99 (disposed of earlier as not pressed) the Court had observed that the successful candidates may be appointed in accordance with law. The MJG has been filed for clarification of the term 'successful candidates'.2. The dispute relates to appointment on the post of Drug Inspector. The facts of the case, briefly stated, are that on 19.10.1997 an advertisement was published by the Commission inviting applications for appointment on 215 posts of Drug Inspector. On 14.8.1998 by notificatio...
Tag this Judgment!Dilip Kumar Vs. Vaishali Kshetriya GramIn Bank and ors.
Court: Patna
Decided on: May-16-2002
1. This appeal has been filed against the order, dated April 9, 2002, on C.W.J.C. No. 4343 of 2002. The petitioner-appellant Dilip Kumar, who was working with the Vaishali Kshetriya Gramin Bank, faced a departmental proceeding and the misdemeanor virtually bordered on making allegations against him for misappropriation. 2. At best, the petitioner-appellant could explain that it was only a temporary misappropriation. Two constituents had given him a certain amount of money to deposit in their accounts which the petitioner-appellant did not but retained it. For other charges he was given an opportunity either to deny or accept them but he did not do. After a departmental inquiry, he was given a punishment of reduction of two increments in the incremental scale for four years with the postponement having effect of postponing future increments. 3. The petitioner-appellant is lucky that he was not dismissed from service. There is no occasion for the Court to interfere with the order of t...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »