Patna Court May 2002 Judgments
Bachu Rabidas Vs. the State of Bihar
Court: Patna
Decided on: May-15-2002
Indu Prabha Singh, J.1. The sole appellant has been convicted under Section 302 Part-II of the Indian Penal Code and was sentenced to undergo R.I. for six years.2. The prosecution case in short is that on 22.1.1990 at about 10 p.m. in the night the informant, Kunti Devi was sitting in her house. Her husband, Pairu Mochi was also in the house at that time. It has been stated that Sharda Kumari, daughter of the informant threw water in front of her house for which mother of the appellant, Bachu Rabidas abused the informant. The informant came out of the house and asked the mother of Bachu Rabidas not to abuse her daughter, Sharda Kumari. It is alleged that the appellant, Bachu Rabidas abused the informant and when he protested the appellant started to assault him on his head by 'Lathi'. The deceased, Pairu Mochi fell down and became unconscious as a result of assault on him. Thereafter, he was brought to Kawakole Hospital for treatment, where he succumbed to his injuries at about 8.20 a...
Tag this Judgment!Jawahar Prasad Vs. the State of Bihar
Court: Patna
Decided on: May-15-2002
Indu Prabha Singh, J.1. The sole appellant has been convicted under Section 7(i)(a)(i) of the E.C. Act. He was sentenced to undergo R.I. for six months and to pay a fine of Rs. 500/- in default to undergo simple imprisonment for two months.2. The prosecution case in short is that on 12-5-1983 at about 1.30 p.m. the Supply Inspector alongwith the Assistant District Supply Officer and other officers inspected the business premises of the appellant Jawahar Prasad which was situated at Karmnasha Bazar, P.S. Durgawati, District-Rohtas. It has been stated that the appellant was wholesale licensee holding licence No. 750/81 and his firm was named and styled as M/s Parvati Bhandar. At the time of inspection, the appellant Jawahar Prasad was not present there. However, his two agents were present who were conducting the business. The inspecting party found the notice board displaying the price and stock hunged but his employees did not produce the relevant registers in connection with sale and...
Tag this Judgment!Udai Kant Singh Alias Vs. State of Bihar
Court: Patna
Decided on: May-15-2002
B.N.P. Singh, J.1. Instances are not very uncommon when atrocious crimes are committed to avenge some wrongs committed, and the instant case is an illustration of that, as it is alleged that Surendra Mandal, father of Subodh Mandal (P.W. 3), was shot dead by Dilip Singh, only because he failed to oblige him to keep his cattle in his cattle shed, notwithstanding payment of the debt taken by him. The factual matrix are that in the early hours of morning at about 6 a.m. on 19th August, 1992, while Surendra Mandal (deceased) along with his two sons, namely, Amod Kumar Mandal (PW2) and Subodh Mandal (PW3), was returning aftergrazing she-buffalo and hardly reached the field of Atma Singh, that the appellants came and encircled him, pursuant to which an altercation ensued between them, and it was alleged that shortly thereafter, on exhortation made by Uday Kant Singh alias Uday Singh, Dilip Singh shot dead Surendra Mandal who dropped injured and eventually succumbed to the injuries. Motive a...
Tag this Judgment!Sumit Anand Through His Father Dr. Sunil Kumar Vs. the State of Bihar ...
Court: Patna
Decided on: May-15-2002
R.S. Garg, J.1. On 25.2.1999 the State of Bihar issued a Circular that 'Gond', 'Gour' and 'Gonr' be treated as 'Bond' and each of them would be entitled to the benefits and facilities available to the members of the Scheduled Tribes. On 25.9.1991 the State Government vide its Letter No. 124 made a request to the Home Ministry, Government of India to approve the said Circular dated 25.9.1991. The Government of India vide its Letter No. 12016/70/81 SCD (R Cell) dated 25.2.1992 informed the State of Bihar that its Circular No. 11/V-26/89-Ka-25 dated 25.2.1991 was unconstitutional. The Government of India made a request to the State of Bihar to withdraw its Circular dated 25.2.1991. Sri Ram Chandra Singh and others feeling aggrieved by the said Circular dated 25.2.1991 filed a writ application being C.W.J.C. No. 8466/91 in this High Court. Vide the judgment dated 15.7.1993 the High Court quashed the Circular dated 25.2.1991. From the records it does not appear that the judgment of the Hig...
Tag this Judgment!Usha Vs. Harshal and ors.
Court: Patna
Decided on: May-14-2002
1. The appellant has filed this Misc. Appeal under Section 384 of the Indian Succession Act being aggrieved by the order dated 13.11.1997 passed in Succession Case No. 7 of 1993 by the IInd Additional District Judge, Indore granting succession certificate to Respondent No. 1/original applicant Harshal s/o late Ratnakar Vipat.2. Brief facts of the case, for disposal of this appeal, are that one deceased Ratnakar Vipat was married to Snehlata on 24.1.1977. Out of the wedlock Respondent No. 1 Harshal was born on 22.9.1978. Due to personal disputes and differences Smt. Snehlata deserted and the husband late Shri Ratnakar Vipat took divorce. Unfortunately Ratnakar died on 2.4.1993 at Indore. After the desertion, Respondent No. 1/applicant was residing with his mother. Deceased Ratnakar Vipat was working in the Agricultural Department, Government of Madhya Pradesh, at Indore. Respondent No. 1 filed an application for issuance of Succession Certificate in respect of a sum of Rs. 30,000.00 be...
Tag this Judgment!Awadhesh Kumar Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-14-2002
R.S. Garg, J.1. Heard learned Counsel for the parties.The petitioner, who was operating a saw mill has come to this Court seeking a direction against the respondents for grant/renewal of a licence for running the saw mill as according to the petitioner he is entitled to have the licence/renewal of the same in accordance with law. The further prayer is that respondents be directed to accept the renewal fees.2. It would be necessary to note that the entire case of the present petitioner is based upon the interpretation of Section 5 of the Bihar Saw Mills (Regulation) Act, 1990. The said Section reads as under:5. Application for licence.--On and from the appointed day:(a) no person shall establish a saw mill or a saw pit except under the authority and subject to the conditions of a licence granted in that behalf under this Act;(b) no person shall operate a saw mill or a saw pit in existence on the said date, unless he is granted a licence in that behalf under this Act on an application m...
Tag this Judgment!Kanti Devi and ors. Vs. Sital Prasad and ors.
Court: Patna
Decided on: May-13-2002
S.N. Pathak, J. 1. This appeal is directed against the judgment dated 19th December 1987, passed by the 4th Additional District Judge, Patna, in Title Appeal No. 12 of 1985, confirming the judgment dated 19th December 1984, rendered by the 1st Addl. Munsif, Patna, in Title Suit No. 60 of 1982. The defendant of the suit Ram Sewak Mistry is the appellant before this Court.2. The respondents of the appeal before this Court had filed the suit seeking the declaration that the judgment passed in Eviction Suit NO. 49 of 1972 was not binding on them. The Plaintiff Nos. 1 to 4 were claiming themselves to be members of the general public, Plaintiff No. 6 was Bharat Mata Mandali (deity) and Plaintiff No. 5 was the member of the Managing Committee of the aforesaid deity. A ;piece of land, measuring 554 sqr. feet at the Langer toli Chaurasta was the suit land. It was the case of plaintiff-respondents that over this place of land, earlier there was a Tulsi Chaura and a peepal tree. The members of t...
Tag this Judgment!In Re: Suo Motu Action by the High Court of Judicature at Patna; in Re ...
Court: Patna
Decided on: May-10-2002
Ravi S. Dhavan, C.J. 1. On 29 July, 2000 practically all newspapers in Bihar, carried a front page news item reporting, in effect, that the police had gone berserk in village Senari, District Jehanabad and had unmercifully beaten the women black and blue. For instance, report in the Hindi newspaper Dainik Jagran, Patna, 'carried a caption' KRURTA NAHIN. HAIVANIYAT KI SEEMA PAR KAR GAI POLICE'. This news report is on record. The news report carries photographs semi naked women of all ages. The media captured injuries on the upper thighs of the women. It is stated in the news report that the injuries were caused by rifle butt and lathies. The Court took notice of this newspaper report and issued notice to the following respondents; 1) The State of Bihar through the Chief Secretary, Govt. of Bihar.2) The Home Secretary, Govt. of Bihar.3) The Director General of Police, Govt. of Bihar4) The Superindentent of Police, Jehanabad.5) The District Magistrate, Jehanabad.2. ln the circumstances...
Tag this Judgment!Rajeshwar Mishra and 2 ors. Vs. State of Bihar
Court: Patna
Decided on: May-10-2002
Manoharlal Visa, J.1. Both these appeals arise out of the same judgment dated 27.8.1996 and order dated 28.8.1996 passed by IIIrd Additional Sessions Judge, West Champaran at Bettiah in Sessions Trial No. 176 of 1992 and, therefore, both the appeals have been heard together and are being disposed of by this common judgment.2. Rajendra Tewary and Bachana Kuer, both appellants of Criminal Appeal No. 435 of 1996 and Rajeshwar Mishra, appellant of Criminal Appeal No. 430 of 1996 have been convicted under Sections 304B and 201, Indian Penal Code and Section 3, Dowry Prohibition Act. They all have been sentenced to undergo rigorous imprisonment for life under Section 304B, Indian Penal Code. No sentence against them has been passed under Section 201, Indian Penal Code and Section 3, Dowry Prohibition Act.3. The prosecution case in short is that on 20.8.1991, the informant Bhanu Pandey (P.W. 8) received information from one Bageshwar Tiwary (not examined) that he (Bageshwar Tiwary) had heard...
Tag this Judgment!ishwar Dayal and ors. Vs. State of Bihar
Court: Patna
Decided on: May-10-2002
Brij Nandan Prasad Singh, J.1. As usual, on most trivial and petty issue, Raju, in his endeavour for rescue of his grandfather, lost his life due to receipt of the injuries sustained by him, as the factual matrix are that at about 8.30 a.m. on 23rd June, 1974, while Rangila Ram (nowdead) was going to drop ashes kept in a basket in the field, he was intercepted by Dhorha Chamar, when he happened to pass through his way. It was alleged that after Rangila Ram registered his protest, other appellants including Supan Chamar, Janki Chamar, Mithu Chamar, Seth Chamar, Chathu Chamar, Ishwar Dayal Chamar, Mohar Chamar and Hari Chamar happened to come there holding lathis and chhura when assault commenced on Rangila Ram by them, who eventually dropped to the ground. It was alleged that when Bidul Kumar and Raju (deceased), came for his rescue, Seth Chamar dealt blows with knife on Bidul Kumar, and others too dealt blows with lathis on his person. Accusation attributed to Dhorha Chamar and Janki ...
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