Patna Court May 2011 Judgments
Nagendra Singh, S/O Ram Balisth Singh Vs. the State of Bihar
Court: Patna
Decided on: May-16-2011
1. The appellant has been convicted under Sections 307 and 324 IPC and sentenced to RI for five years and a fine of Rs. 2,000/- in default of which further one year and one year respectively by the 4th Additional District & Sessions Judge, Saran in S.Tr. No. 171/94/22/94 by a judgment dated 02/06.08.1996. 2. The case of the prosecution is that on 08.02.1993 when the mother of the informant namely Kalawati Devi, P.W. 2 was cutting grass the appellant along with other co-accused persons came there and abused her and the appellant is said to have assaulted her on her left hand and head on account of which she was injured. The reason for the occurrence is land dispute between the parties. 3. During trial the prosecution in all examined six witnesses out of whom P.W. 3 is the informant, P.W. 2 is the informant’s mother and the injured. P.W. 1 and P.W. 4 are eye-witnesses whereas P.W. 5 is the Doctor who examined P.W. 2 and the informant an...
Tag this Judgment!Ram Chandra Prasad Defendant Vs Smt. Mina Devi Plaintiff
Court: Patna
Decided on: May-16-2011
1.The defendant has filed this first appeal against the judgment Sahoo, J. and decree dated 26.9.2006 passed by Sri Radheyshyam Singh, the learned 4th Subordinate Judge, Bhojpur, Ara in Title Suit No. 593 of 2002 whereby the learned court below decreed the alternative prayer of the plaintiff-respondent in the suit for specific performance of contract.2.The plaintiff-respondent filed the aforesaid Title Suit No. 593 of 2002 praying for specific performance of contract dated 22.12.1999 on receiving balance consideration amount of Rs.76,000/- and in the alternative prayed for a decree for recovery of Rs.2,24,000/- with interest @ Rs.2/- per month from the date of agreement dated 22.12.1999.3.The plaintiff prayed the aforesaid relief on the facts inter alia which may be briefly stated thus, that the parties were knowing each other from before. The defendant-appellant had taken loan at the time of marriage of his daughter and to repay the same he agreed to sell the suit house for Rs.3,00,00...
Tag this Judgment!Murshid and Others Vs. State of Bihar
Court: Patna
Decided on: May-16-2011
1. I.P.C. and 148 I.P.C. and sentenced to R.I. for five years and one year respectively, whereas appellant no.2 has been convicted u/s.436 I.P.C. and 148 I.P.C. and sentenced to R.I. for five years and one year respectively and appellant no.3 has been convicted u/s.147 I.P.C. and 436/149 I.P.C. and sentenced to R.I. for six months and two years and the appellant no.4 has been convicted u/s.436/109 I.P.C. and 148 I.P.C. and sentenced to R.I. for three years and one year respectively and the appellant no.5 has been convicted u/s.436/149 I.P.C. and 147 I.P.C. and sentenced to R.I. for three years and six months respectively by the 1st Additional Sessions Judge, Katihar in Sessions Trial No.60 of 1992 by a judgment dated 17.4.1996. 2. The prosecution case is that on 3.5.1991 the appellants variously armed came to the complainant and started pressurizing him to depose falsely in their favour and on refusal appellant no.1 ordered appellant no.2 to set fire on his house, which he did, on acco...
Tag this Judgment!Md. Zafar Ali, Son of Mohd. Haidar Ali Vs. the State of Bihar
Court: Patna
Decided on: May-16-2011
1. This L.P.A has been filed against the common order dated 15.05.2007 passed by the learned Single Judge. It has been contended by the learned counsel for the appellants that the appellants have been appointed by a duly constituted Selection Committee vide Annexure-6, to the writ application, but however, all the appellants were appointed as Trade Rank Constable in Bihar Police Force. 2. It has further been contended that their appointments have been recalled by the Selection Committee. However, the learned Single Judge has not appreciated the fact that there was no violation of any mandatory provision as has been referred with regard to applicability of Rule 663 (d) of Bihar Police Manual which indicates that the Selection Committee headed by the Superintendent of Police as President of the Board. 3. It has also been contended that as the Selection Committee itself is illegal for the reason that D.I.G has headed the said Selection Committee a...
Tag this Judgment!Rani Devi Vs. Yogesh Kumar Azad and anr.
Court: Patna
Decided on: May-16-2011
(1) The applicant-appellant, Rani Devi has filed this First Appeal against the judgment and decree date 13.07.2001 passed by Sri Shiva Shankar Sharma, the learned 1st Additional District Judge, Saharsa in Matrimonial Case No.6 of 1996 dismissing the application filed by the appellant under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal right. (2) The appellant filed the aforesaid application under Section 9 of the Hindu Marriage Act alleging that the father and brother of the appellant contacted the respondents and negotiated the marriage of the Mungeshwar Sahoo, J.2 appellant with respondent no.1, Yogesh Kumar Azad. The respondents accepted the offer and agreed to marry with the appellant. The respondents saw the appellant, Rani Devi in presence of their relatives and they agreed to marry. The golden ring along with cloth and cash were given to the appellant by respondent no.2 who is mother of respondent no.1. The date of marriage was fixed on ...
Tag this Judgment!Murshid Son of Niyamat Vs. the State of Bihar
Court: Patna
Decided on: May-16-2011
1. The appellant no.1 has been convicted u/s.436/149 I.P.C. and 148 I.P.C. and sentenced to R.I. for five years and one year respectively, whereas appellant no.2 has been convicted u/s.436 I.P.C. and 148 I.P.C. and sentenced to R.I. for five years and one year respectively and appellant no.3 has been convicted u/s.147 I.P.C. and 436/149 I.P.C. and sentenced to R.I. for six months and two years and the appellant no.4 has been convicted u/s.436/109 I.P.C. and 148 I.P.C. and sentenced to R.I. for three years and one year respectively and the appellant no.5 has been convicted u/s.436/149 I.P.C. and 147 I.P.C. and sentenced to R.I. For three years and six months respectively by the 1st Additional Sessions Judge, Katihar in Sessions Trial No.60 of 1992 by a judgment dated 17.4.1996. 2. The prosecution case is that on 3.5.1991 the appellants variousl...
Tag this Judgment!Sunil Kumar “manojâ€, Son of Surendra Prasad Vs. the State ...
Court: Patna
Decided on: May-16-2011
1. The appellants of both the Criminal Appeals have been convicted u/s.304B I.P.C. and sentenced to R.I. for ten years as also u/ss.201/34 and 498A I.P.C. and sentenced to R.I. for three years under each count by the 1 st Additional Sessions Judge, East Champaran, Motihari in Sessions Trial No.317/2 of 1993/1996 by an judgment dated 16.5.1996/17.5.1996. 2. The case of the prosecution is that on 13.5.1993 the informant (P.W.6) received an information that his sister Nilam Devi had been murdered by her in-laws and when he went there he learnt that the accused persons had assaulted the deceased and caused her death by poisoning and had disappeared her dead body some where. This murder was committed for ends of dowry and the deceased had been married about 5-6 years back and had two children, aged about three years and one year respectively. ...
Tag this Judgment!Babloo Mistry @ Rajesh Kumar Vs. the State of Bihar
Court: Patna
Decided on: May-16-2011
1. Heard Counsel for the petitioners, the Opposite Party No. 2 and the A.P.P. appearing on behalf of the State. 2. The petitioner is aggrieved by the order dated 15.02.2007 passed in Ara Town Police Station Case No. 281 of 2006. 3. A criminal case was instituted as the petitioner and another were found escaping or running away in a maruti car. On search not only in the house of the petitioner but also in the house of one Sanoj Kumar, several documents were seized including the owner books of several cars. In this process, a Bolero jeep was seized from near the house of the petitioner. The petitioner claims that the jeep belongs to him. However, the Investigating Officer of Karnalganj Police Station at Allahabad, Uttar Pradesh, Shri Om Prakash Singh filed an application before the Chief Judicial Magistrate, Ara praying therein that the Bolero jeep which was seized in Ara Town Police Station Case No. 281 of 2006 should be released in his favour, as the jeep happens to be the stolen from ...
Tag this Judgment!Urmila Devi Vs. Madhulika Devi
Court: Patna
Decided on: May-16-2011
1. The appellant has filed this First Appeal against the Judgment and Order dated 18.07.2008 passed by the learned District Judge, Rohtas at Sasaram in Civil Misc. (Succession) Case No.50 of 2008 whereby the application filed by the appellant for grant of succession certificate has been dismissed. 2. The appellant filed the application for grant of succession certificate regarding the fixed deposit dated 20.09.1997 in Punjab National Bank, Dehri-on-sone Branch made by her mother, Budhiya Devi. She filed the said application praying for grant of succession certificate alleging that her mother Budhiya Devi died on 10.12.2004 leaving behind the petitionerMungeshwar Sahoo, J. 2 appellant, Urmila Devi as the only heir. Deceased, Budhiya Devi had no sons and no other descendents except the petitioner-appellant. Therefore, the appellant only isentitled to receive the full amount of 40,000/- deposited in fixed deposit scheme in the Punjab National Bank, Dehri-onsone Bra...
Tag this Judgment!Polo Yadav S/O Sri Takan Yadav Vs. the State of Bihar
Court: Patna
Decided on: May-16-2011
1. The appellants of Criminal Appeal No.147 of 1995 have been convicted u/s.307/149P.C. and sentenced to R.I. for seven years as also u/ss.147, 326 and 148 I.P.C. but no separate sentence has been passed and the appellants of Criminal Appeal - 2 - No.149 of 1995 have been convicted u/s.307/149 I.P.C. but except appellant no.7 all of them have been sentenced to R.I. for three years, whereas the appellant no.7 has been sentenced to six months R.I. In addition appellant no.4 has also been convicted u/ss.326/148 and other appellants u/s.147 I.P.C. but no separate sentence has been passed by the 6th Additional Sessions Judge, Bhagalpur in Sessions Trial No.120 of 1987 by a judgment dated 26.7.1995. 2. The prosecution case is that when the informant (P.W.5) was taking water for purposes of irrigation, the accused persons variously armed came there and appellant Bijay Yadav is said to have assaulted with farsa on his head. Thereafter coacc...
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