Patna Court March 2008 Judgments
Mohan Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Mar-05-2008
Shyam Kishore Sharma, J.1. The above five appellants, have filed this appeal against the judgment dated 16-8-1993 passed by 3rd Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 70 of 1987 by which they have been convicted under Sections 307/149, 323, 325 and 148 of the Indian Penal Code but appellant Nos. 1 and 2 (Mohan Singh and Ganesh Singh) have been sentenced to undergo rigorous imprisonment for six years and rest three appellant Nos. 3, 4 and 5 (Tek Narain Singh, Ram Bilash Singh alias Ram Biraj Singh and Raj Narain Singh alias Chotak Singh) for four years each under Sections 307/149 and 325 of the Indian Penal Code and rigorous imprisonment for one year under Section 323 of the Indian Penal code. No separate sentence is awarded to appellant Nos. 1 and 2 under Section 148 of the Indian Penal Code. The sentences were ordered to run concurrently.2. The prosecution case is based on the fardbeyan of Hari Nandan Singh wherein it is alleged that on 16-9-1984 at abo...
Tag this Judgment!Bagar Mahton and anr. Vs. State of Bihar
Court: Patna
Decided on: Mar-05-2008
Shyam Kishore Sharma, J.1. The instant appeal on behalf of Bagar Mahato and his son Ram Bharosa Mahato is against the judgment dated 7-8-1993 passed by the Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 194 of 1989 whereby he held the appellant No. 1 guilty for committing offence under Section 326 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years and a fine of Rs. 5,000/- (five thousand) and in default of payment of fine, he was ordered to undergo simple imprisonment for one year.2. P.Ws. 4 and 7 are ordered to be paid compensation at the rate of 1,500/- each. Appellant No. 2 was convicted under Section 379, I.P.C. and after being given benefit of Section 360, Cr. P.C. he was released on admonition.3. Fardbeyan of Mahanth Mahto (P.W. 7) is the basis of the prosecution case. His Fardbeyan was recorded on 8-1-1988 at 6 p.m. at M. J. K. Hospital, Bettiah in which he alleged that on 8-1-1988 at 1.00 p.m. Bagar Mahto armed with Gara...
Tag this Judgment!Radhe Shyam Mahto and ors. Vs. the Bharat Petroleum Corporation Ltd. a ...
Court: Patna
Decided on: Mar-04-2008
Navaniti Prasad Singh, J.1. The three petitioners had responded to a notice inviting tender for appointment of retail outlets of petroleum products of Bharat Petroleum Corporation Limited in relation to a rural retail outlet. The advertisement is Annexure-1. The location in dispute is at serial 54 being Mangrauni in the district of Madhubani which was for open general category under the rural marketing plan. As per advertisement, the area within which the rural retail outlet was to be located specified in column 1 and reads as follows:within 2 km radius of Janta College on Madhubani-Sibbipati Road.In the said advertisement itself, Clause 2(iv) provides one of the eligibility criteria which is in dispute: In case of Rural ROs, applicants residing in the concerned village Panchayat of the location advertised will be eligible. However, the resident of the same revenue village of the advertised location will be considered first for award to dealership. If no suitable candidate available i...
Tag this Judgment!Birendra Prasad Singh and anr. Vs. State of Bihar and anr.
Court: Patna
Decided on: Mar-03-2008
Anwar Ahmad, J.1. This is an application filed on behalf of accused Birendra Pd Singh and Sunil Kumar Singh under Section 482 of the Code of Criminal Procedure for quashing the order dated 31st March, 2007 passed by the Sessions Judge, Vaishali in Criminal Revision No. 37 of 2007 remitting back the matter to the Chief Judicial Magistrate for passing order of cognizance afresh and also for quashing the order dated 17th September, 2007 passed by the Chief Judicial Magistrate, Vaishali subsequent upon the direction of the revisional court in Tisiauta P S Case No. 49 of 2005 taking cognizance of the offence under Sections 323, 341, 324 and 307/34 of the Indian Penal Code, against the petitioners.2. Lalan Kumar Singh lodged first information report for the offence under Sections 341, 323, 324, 307/34 of the Indian Penal Code, against four persons including the petitioners alleging therein that in the evening he went in the back side of his house where he saw Birendra Pd Singh, Sudhir Kuma...
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