Court : Patna
Shiva Kirti Singh and Subash Chadra Jha, JJ.1. Both the appeals arise out of the same judgment dated 13th December, 2001 passed in Sessions Trial No. 291/99 by learned 4th Additional District and Sessions Judge, Samastipur, whereby the two appellants of Cr.Appeal No. 24/2002, who are mother-in-law and father-in-law respectively of the deceased, and sole appellant of the other appeal, who is husband of the deceased, have been convicted under Sections 304B, 201 and 120B of the Indian Penal Code. For the offence under Section 304B I.P.C. the appellants have been awarded R.I. for life, for offence under Section 201 I.P.C. three years R.I. and fine of Rs. 5000/- and in default R.I. for one year and for Section 120B I.P.C. R.I. for three years.2. The informant of this case, Kailash Giri (P.W.11) is father of the deceased Sanjoo Devi. The prosecution case, in brief, is that on 8.8.1998 at about 12 noon the informant went to matrimonial house of his daughter Sanjoo Devi to bring her to his o...
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Barin Ghosh and Navaniti Pd. Singh, JJ.1. In the revisional survey, the father of the respondents No. 5 & 6 was shown as the riayat of the land, being the subject matter of the writ petition. It is not known when the father of the respondents No. 5 & 6 died. Be that as it may, a proceeding was initiated against the respondents No. 5 & 6 under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. That was contested by the respondents No. 5 & 6. In terms of the provisions contained in the said Act, in relation to lands, being the subject matter of proceedings initiated under the Act, a draft statement is required to be prepared. There are provisions in the said Act for publication of such draft statement in the Official Gazette of the district and at such places and in such manner as may be prescribed. The prescription directs that a copy of such notice shall also be affixed to the Notice Board of the office of the Collector, Anchal Adhikari and Gr...
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Barin Ghosh and Navaniti Pd. Singh, JJ.1. There is no dispute that the respondent employer adopted the provisions of the Bihar Service Code and the Bihar Pension Rules and accordingly they governed the service conditions of the employees of the respondent employer. While the appellant was serving the respondent employer, a disciplinary proceeding was initiated against the appellant by the respondent employer by issuing a chargesheet. While such disciplinary proceeding was initiated, a criminal case was also launched against the appellant. The charges against the appellant were enquired into by an Enquiry Officer. The Enquiry Officer submitted his report and thereby exonerated the appellant of the charges. The disciplinary authority thereupon by the order impugned in the writ petition while differed from the reasons given by the Enquiry Officer in his report, straightaway punished the appellant. This is not permissible. Accordingly, we have no other option but to interfere with the or...
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Abhijit Sinha, J.1. Since both these appeals arise from the same common order and Judgment, Both these appeals, for the sake of convenience, have been taken up together and having been heard together are being disposed of by this common judgment.2. Both these appeals are directed against the Judgment of conviction and order of sentence dated 14.11.03 passed by Sri Anant Prasad Srivastava, Ad hoc Sessions Judge-cum-presiding Officer, Fast Track Court No. I, Siwan in Sessions Trial No. 269/2 of 1988/2001 arising out of Siwan Mufassal P.S. Case No. 36 of 1976.3. The prosecution case can be culled out from the fard beyan given by one Jagarnath Chaudhary of Village -Mahuari paschimwari Tola to the Sub-Inspector of Mufassil P.S. which was in respect of the murder of one Ramashray Chaudhary and 23 persons including the appellants were made to figure as accused. It is said that at around 10.30 A.M. on 22.5.1976 while Ramashray Chaudhary in the company of Doma Chaudhary, Motilal Prasad, Shiv S...
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Ghanshyam Prasad, J.1. Both the aforementioned appeals arise out of one and the same judgment of conviction and sentence dated 15.7.2004/17.7.2004 passed by Ist Additional Sessions Judge, Sasaram in Dehri P.S. Case No. 196 of 2001 whereby both the appellants have been convicted under Section 21 of the N.D.P.S. Act and have been sentenced to undergo R.I. for ten years with fine of Rs. 1 lac each and in default to further undergo R.I. for two years.2. Prosecution story in brief is that on 19.8.2001 in the evening, incharge of Dalmianagar O.P. S.I., Sri Tutu Ram (P.W.1) alongwith armed forces was on evening patrolling. In course of it, at about 6:30 P.M. the team reached at Choudhury Chowk and started checking of two wheelers. In the meantime, two persons came in suspicious condition. They were challenged and on doubt their persons were searched in presence of two local witnesses, namely, Baban Dubey (P.W.2) and Harendra Singh (P.W.3). The appellant Umesh Kumar was found in possession of...
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Ghanshyam Prasad, J.1. This application under Section 482 Cr.P.C.d has been filed to awash the order dated 21.1.2006 as well as dated 8.3.2006 passed by Fast Track Court No. 1, Sasaram in Sessions Trial No. 388 of 1990. Vide order dated 21.1.2006, the court below has allowed the petition dated 22.9.2004 of the prosecution and has marked report of the Director Police Laboratory, C.I.D,, Patna as Ext.4. Vide order dated 8.3.2006. the lower court has rejected the petition of the petitioners filed under Sections 311 and 340 of the Cr.P.C. as well as petition for sending the letter (Ext.2/C) to Forensic Science Laboratory, Hyderabad or examination.2. Heard.3. On perusal of the order dated 21.1.2006, it appears that the court below has marked report of the Director. C.I.D., patna as Ext.4 holding it as public document. He has relied upon a decision of the apex court reported in 1975 S.C.905 (Phool Kumar v. Delhi Administration).4. Section 45 of the Evidence Act deals with the opinion of the...
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Madhavendra Saran, J.1. This application under Section 482 of the Code of Criminal Procedure (in short as the Code) has been filed for quashing the order dated 4.7.1997 passed, by Shri A.K. Singh, Judicial Magistrate, 1st Class, Gaya in Tr.No. 418/97 arising out of Complaint case No. 43/94 whereby and whereunder he has taken cognizance under Sections 144, 148, 427, 323 and 379 of the Indian Penal Code.2. The case of the complainant-opposite party No. 2, in short, is that the complainant's father and father of accused-petitioner No. 1 Maqsood Ahmad Khan were full brothers and they were continuing in possession of the properties and the ancestral properties have not been partitioned. However, some properties were partitioned among them by virtue of Khangi Batwara. It is his further stand that some land of village Piparbar, Tola Salai Tand, Police station Dumaria, District Gaya were gifted to the complainant's grand father and accused petitioner No. 1 and since the date of execution of d...
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Sadanand Mukherjee, J.1. Heard, the parties.2. This is an application for quashing the order dated- 12.6.2004, passed by the Court of A.D.J. past Track Court No. 4, Kishanganj in Sessions Trial No. 374 of 2001, by which summons have been issued to the petitioners to face trial on the basis of an application under Section 319 of the Code of Criminal Procedure.3. In the F.I.R. it is alleged that 30 accused persons named in the F.I.R. were uprooting the hut of the informant. It is further alleged that accused petitioner No. 1 caught hold of the informant and accused Md. Latif (non-petitioner) assaulted him with Danda (bamboo stick) on the little finger of right hand and the skin was damaged and accused Noor Md. (non-petitioner also assaulted the informant with Danda and fists and slaps. It is alleged that alarm was raised and nephews of the informant, Mukhtar Alam and Majrul reached there, and on their arrival accused petitioner No. 1 allegedly also assaulted Mukhtar with Kulhari (axe) o...
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Chandramauli Kr. Prasad, J.1. Defendants Ist set-petitioners, being aggrieved by the order dated 2.6.2005 passed by the Subordinate Judge, VIII, East Champaran at Motihari in Partition Suit No. 86 of 1998 rejecting their prayer for amendment of the written statement, have preferred this revision application.2. Defendants-Ist set consist of defendant No. 1 to 6. Defendant Nos. 1 and 2 as also defendant Nos. 3 to 6 filed separate written statements. Defendant Nos. 1 and 2 as also defendant Nos. 3 to 6 later on, also filed separate applications for amendment of the written statement.3. Defendant Nos. 1 and 2 sought amendments of paragraph Nos. 9 to 12 and 14 of the written statement. In paragraph No. 9 of the written statement, these defendants had admitted that the land detailed in the deed of conveyance is a purchased land of plaintiff No. 1, whereas by proposed amendment, they seek to withdraw that and plead that it is not an acquired land of plaintiff No. 1 and, in fact, fell into h...
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J.N. Bhatt, C.J.1. Whether a tenderer of the resignation could be permitted to withdraw the resignation from an elective post before the acceptance of the resignation, is the sole question which is posed before us for consideration and adjudication in this Letters Patent Appeal under Clause 10 of the Letters Patent questioning the legality and validity of the judgment of the learned Single Judge recorded, on 23.8.2005, in CWJC No. 8322 of 2005.2. We have heard the learned Counsels for the parties. We have also, dispassionately, examined the record. We have also analyzed and considered the relevant provisions of law and have also considered the case law relied on.3. The appellant original petitioner tendered his resignation, who was then Vice Chairman of the respondent Munger Municipality. He had addressed his letter of resignation one to the Divisional Commissioner, and the other to the Executive Officer, Munger Municipality. But subsequently, he tendered a letter withdrawing his resi...
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