Patna Court September 2002 Judgments
Mahtab Singh @ Matab Lal Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Sep-12-2002
S.N. Pathak, J.1. This revision is directed against the judgment dated 4.5.2000, passed by 3rd Additional Sessions Judge, Vaishali at Hajipur in Cr. Appeal No. 84, whereby the appellate Court maintained the order of conviction recorded by the trail Court in its judgment dated 16.8.1994 and modified the sentence of imprisonment and imposed a fine of Rs. 500/-for the offence under Sections 323 and Rs. 300/- for the offence under Sections 147 of the Indian Penal Code. The revisionist No. 10 Shivjee Singh was awarded with a sentence of fine of Rs. 1000/- for the offence under Section 324 of the Indian Penal Code.2. The revisionists lawyer submitted that the petitioner No. 4 is a Government servant in the police department. Moreover, there is a counter case, so the revisionists deserve leniecny from this Court.3. Admittedly the appellate Court modified the sentence of fine and set aside the sentence of imprisonment. I do not think that any further leniency is required or deserved by the re...
Tag this Judgment!Parshuram Singh and ors. Vs. the State of Bihar
Court: Patna
Decided on: Sep-11-2002
Manohar Lal Visa, J.1. All these appeals which arise out of the same judgment and order dated 26.9.1987 passed by 4th Additional Sessions Judge, Ara, in Sessions Trial No. 209 of 1984, have been heard together and are being disposed of by this common judgment.2. Appellant Jomdhari Koeri alias Lukuri of Cr. Appeal No. 509/87 and appellant Mudrika Ram of Cr. Appeal No. 581/87 have been convicted and sentenced to undergo imprisonment for life under Section 302 read with Section 34 of the Indian Penal Code (in short, IPC). Remaining seventeen (17) appellants of Cr. Appeal Nos. 524/ 87, 536/87, 554/87 and 560/87 have bene convicted and sentenced to undergo imprisonment for life under Section 302 read with Section 149, IPC.3. The case of prosecution as disclosed in the fardbeyan (Ext. 3) of informant Mahabir Singh (PW-1), in short is that on 25.7.1983 informant and his brother deceased Jomdhari Singh alias Raghubir Singh were working in their field. Informant was ploughing the land whereas ...
Tag this Judgment!Lal Babu Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-11-2002
Narayan Roy, J.1. Heard learned Counsel appearing on behalf of the petitioner and JC to SC I for the State and considered the counter-affidavits filed on behalf of the respondents.2. The order of suspension, as contained in Annexure-1, is under challenge, whereby and where under the petitioner has been put under suspension pending departmental inquiry.3. It is submitted by (earned Counsel appearing on behalf of the petitioner that the petitioner was put under suspension with effect from 28.6.1999 and till date departmental proceeding has not been concluded. Learned Counsel appearing on behalf of the petitioner, therefore, prayed for revocation of the order of suspension.4. Two sets of counter-affidavits have been filed one on behalf of the Civil Surgeon, Bhojpur, respondent No. 5, and another on behalf of the Director-in-Chief, Health Services, Government of Bihar, respondent No. 2.5. Counter-affidavit of respondent No. 5 appears to be a forma affidavit, whereas in the counter-affidav...
Tag this Judgment!Gaffar Mian and anr. Vs. the State of Bihar
Court: Patna
Decided on: Sep-11-2002
B.K. Jha, J.1. The appellants have preferred this criminal appeal against the Judgment of conviction and sentence passed by the learned Additional Sessions Judge, 4th, Munger, on 14.12.1987 in Sessions No. 101 of 1981 under Sections 302/34 and 379 of the Indian Penal Code.2. Both the appellants, Gaffar Mian and Taslim Mian, have been convicted and sentenced to undergo rigorous imprisonment for life under Section 302/34 of the IPC. The appellant, Gaffar Main, has further been convicted under Section 379 of the IPC but no separate sentence has been awarded to him.3. The case of the prosecution is that on 22.5.1980 at about 2.30 p.m. both the appellant went to the Toddy shop of Ram Bhajju Pasi, the husband of the informant, Sohgi Devi (P.W. 4), in village-Marwa, took toddy but did not pay its price. This resulted in exchange of hot words in between them whereupon the appellants picked up two painas from the shop and pressed the neck of Ram Bhajju Pasi. The appellant, Gaffar Miyan, picked...
Tag this Judgment!Bihar Rajya Panchayat Parishad Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Sep-11-2002
Ravi S. Dhavan, C.J. 1. There is no denial, and this is a matter on record, that but for orders of the High Gourt, Bihar would not have had elections in Institutions of self-Government identified in the Constitution of India under Chapters IX and IXA as the Panchayats and Municipalities. But, notwithstanding the aspect that elections have been held to the Panchayats in 2001 and the Municipalities during summer of this year, the entire geometry of the administration of the Panchayats and Municipalities is not in place. 2. Many aspects are still missing. For the last two years when this Court has been engaged with these matters with efforts to restore self Government to constitutionally identified institutions there seems to be a misunderstanding that City Corporations. Municipalities, Zila Parishads. Nagar Panchayats and Panchayats, arc still fiefs of the bureaucracy in administration. This is not so. 3. When the Constitution of India was amended by the 73rd and 74th amendments by in...
Tag this Judgment!Arjun Prasad Paswan Vs. the State of Bihar
Court: Patna
Decided on: Sep-11-2002
Braj Nandan Prasad Singh, J.1. Against concurrent finding recorded by both the Courts below, finding the petitioner guilty under Section 3(a) RP (UP) Act and sentencing him to suffer rigorous imprisonment for a term of four months, the petitioner has challenged the said finding in this revision.2. The factual matrix, as appearing from the petition of complaint and also the narrations made by witnesses, are that on 14th May, 1988, Kameshwar Paswan (P.W. 1) at about 11-30 hours, in course of surprise raid, in the company of Md. Manzoor Ali, noticed petitioner carrying a bag on his shoulder, and shortly on apprehension, it was found that the object being carried by him was steam coal which is used in Railway Locomotives. It is alleged that on interrogation, since the petitioner failed to give satisfactory and valid reply for unauthorised possession of railway property, he was prosecuted under Section 3(a) RP (UP) Act, and enquiry into allegation was allegedly held by Deo Brata Singh A.S...
Tag this Judgment!Smt. Shanti Devi and anr. Vs. Smt. Kusum Devi and anr.
Court: Patna
Decided on: Sep-11-2002
Radha Mohan Prasad, J.1. This second appeal is directed against the judgment of affirmance passed in Title Appeal No. 13 of 1998/3 of 1999 by 4th Additional District Judge, Nalanda.2. The defendants are the appellants. The plaintiffs filed suit for partition of the suit property described in Schedule I, II & IV of the plaint by carving out halt share by metes and bounds through the process of law/According lo the case of the plaintiffs, one Chaturbhuj Mahto had three sons, namely, Ganauri Mahto, Horil Mahto and Jugaf Mahto. Plaintiffs are the daughters of Juga Mahto from his second wife and defendant No. 1 is wife and defendant No. 2 is daughter of Binod Kumar born from the second wife of Jugai Mahto. Binod Kumardied on 13.4.1987. Further case of the plaintiffs is that due to bad relation of Lachhia Devi, second wife of jugal Mahto with the defendants she lived together with the plaintiffs and subsequently she died on 2.11.1992. It is stated that private partition between the plaintif...
Tag this Judgment!Mahendra NaraIn Pathak Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-10-2002
Shiva Kirti Singh, J.1. Heard the parties. Petitioner was a clerk at Sikrahna in the district of East Champaran at Motihari and retired as such on 31st December, 1990, This writ petition was filed in December, 1999 when payment of pension to the petitioner was stopped by an order of District Magistrate, East Champaran, Motihari in 27th October, 1997 on the ground that petitioner and one Ram Vilas Choubey a retired veterinary doctor of Turkaulia were in unauthorised occupation over Government property. This order contained in Annxure--6 was brought on record through an amendment petition filed in September, 2001 after a copy of such an order was disclosed to this Court as Annexure-A to the counter-affidavit of Respondent Nos. 2 and 3. This order was challenged subsequently through the amendment petition along with challenge to an order dated 1.11.1993, contained in Annexure-2 passed by the District Magistrate, East Champaran, Motihari whereby on the basis of enquiry report submitted in...
Tag this Judgment!Om Prakash Mishra Vs. State of Bihar
Court: Patna
Decided on: Sep-10-2002
Someshwar Nath Pathak, J.1. This revision is directed against the judgment dated 20.11.2000, passed in Cr. Appeal No. 4 of 1999, by the learned Sessions Judge, Kaimur at Bhabhua, whereby the Appellate Court upheld the judgment passed by the Trial Court on 18.6.1999 in G.R. No. 609 of 1989/T.R. No. 426 of 1999. The revisionist along with his parents and other relations were charged for the offences Under Section 3/4 of the Dowry Prohibition Act as also Under Sections 494/34; 498A, 494/109 of the Indian Penal Code. However, the Trial Court acquitted all the accused persons except of the case for the offence Under Section 494 /109 of the Indian Penal Code, Section 498, Section 494/34 as also Under Section 3/4 of the Dowry Prohibition Act. The revisionist alone was convicted Under Section 498A of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- and in default of payment of fine he was further sentenced to undergo S,I. f...
Tag this Judgment!Bihar State Electricity Board Vs. Lacho Sah and ors.
Court: Patna
Decided on: Sep-09-2002
Ravi S. Dhavan, C.J.1. This court has heard this matter at length on more than one occasion.2. The facts are short that one Lacho Sah filed a writ petition (CWJC No. 15781 of 2001) after his wife and daughter had been electrocuted. The relief he sought in the writ petition was, in effect, compensation and/or damages against the Bihar State Electricity Board.3. The learned counsel for the Board has addressed the court on strict proof liability. Insofar as the court is concerned, it is faced with a situation on which there is no issue that the death of two persons has occurred by electrocution. The court has awarded total damages amounting to Rs. 2,50,000; Rs. 1,50,000 is to mitigate the hardship on the death of Lacho Sah's wife and Rs. 1,00,000 on the death of his daughter. If the court were to vary the amount of compensation, it would be an exercise in mediocrity.4. Once the principle is accepted that damages could be granted when death has taken place by negligence or otherwise, then...
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