Patna Court August 2011 Judgments
Deo Nandan Ram Vs. State of Bihar
Court: Patna
Decided on: Aug-16-2011
1. The accused petitioner has preferred this revision application against the judgment and order dated 14.08.2001 passed by the learned 8th Additional Sessions Judge in Cr. Appeal No.101/1998/24/2001 by which the conviction and sentence dated 27.07.1998 passed by the learned Judicial Magistrate in Trial No.783/98 arising out of Complaint Case No.708/96 convicting the petitioner under Section 392 of the I.P.C. and sentencing him for rigorous imprisonment for one year have been confirmed and the appeal has been dismissed. The prosecution case, in brief, is that on 5.07.1996 at about 6.00 P.M. the petitioner snatched Rs.1,000/- at the point of firearm from the complainant near Mahavir Sthan, which is in the way of Mehasi Railway Station. The other two co-accused could not be identified by the complainant. The complaint case no.708/1996 was lodged in the court of learned Chief Judicial Magistrate. After inquiry and trial, the petitioner was held guilty for the offence punishable under Sect...
Tag this Judgment!Savitri Devi and ors. Vs. State of Bihar
Court: Patna
Decided on: Aug-12-2011
(1) Mungeshwar Both the above First Appeals are directed against the Sahoo, J. common judgment and award dated 03.02.1979 passed by Sri Ram Charitra Sathi, Additional Sub Judge III-cum-Land Acquisition Judge, Begusarai in L.A. Case No.54 of 1961/37/24 of 1978 and L.A. Case No.51 of 1961/34/21 of 1978. (2) The appeal has been filed by the land owner, claimants. Both the land acquisition cases referred to above were heard together along with other land acquisition cases and disposed of by the impugned common judgment and award. The claimants filed two First Appeals. Therefore, both the appeals are heard together and are disposed of by common judgment. (3) It appears that for the purpose of township at Begusarai for Indian Refinery, Barauni about 123 acres of land were acquired. Regarding 71.375 acres, notification under Section 4 of the L.A. Act was issued on 17.05.1960 whereas for an area of 51.643 acres, notification under Section 4 of the L.A. Act was issued on 21.06.1960 and subseque...
Tag this Judgment!Jyotish Prasad Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-12-2011
1. The informant petitioner has preferred this revision application against the order dated 22nd November 2005 passed by learned Additional Sessions Judge, F.T.C. III, Bhagalpur in Cr. Revision No. 410 of 2002 by which the order dated 31st August 2002 passed by learned Chief Judicial Magistrate, Banka in complaint case no. 790 of 2002 has been set aside and the learned Magistrate has been directed to examine Yogendra Das, a witness to the occurrence. 2. The prosecution case, in brief, is that on 27.6.2001 at about 7 a.m., the informant after getting information that some people were quarrelling with his father at the field, he and others went to the field and found that his father, Sadanand Singh (deceased) was lying dead in the field, his neck and head had cut injury and huge amount of blood was lying there. On enquiry, the informant could learn that while Yogendra Das was ploughing the field and his father was sitting on the ridge of the field, 5-6 miscreants came there and quarrelle...
Tag this Judgment!Deo Rai, Son of Bhagwan Rai Vs. the State of Bihar
Court: Patna
Decided on: Aug-12-2011
1. Heard the counsel for the appellant and the State. 2. The appellant has been convicted under Section 364/34 of the Penal Code and sentenced to undergo rigorous imprisonment for seven years. 3. The prosecution case as alleged in the fardbeyan by the informant, Brahmdeo Mahto, P.W. 6, that on 08.09.1996 at 12.00 in the noon ten persons armed with pistol and gun came on a boat. They came to the darwaza of the informant and abducted Hardeo Mahto, younger brother of the informant, aged twenty years, at the point of pistol. They threatened to kill if any one comes in the way. They kidnapped his brother on the boat to the south. The informant and others could not speak anything out of fear. The informant identified amongst the miscreants Kamal Rai, Lal Babu Rai, Inder Rai, Deonandan Rai, Sri Krishun Rai, Deo Rai and Jita Rai, four were armed with country made pistol and the informant could not identified three persons who were armed with gun. The, further, case is that co- villagers Paras ...
Tag this Judgment!Jaswant Paswan Vs. the State of Bihar
Court: Patna
Decided on: Aug-10-2011
1. Heard the counsel for the appellant and the State. 2. The appellant has been convicted under Section 395 of the Penal Code and sentenced to undergo rigorous imprisonment for seven years. 3. The prosecution case, as alleged by the informant that in between the night of 14/15.11.1995 he opened the door on the sound of knocking of the door by Jaswant Paswan and as soon as he opened the door the dacoits entered into the house, looted away cash, silver chain, payal from the room and Umesh Ram and also looted the cash, silver ring from the house of Sattan Ram as well as from the house of other persons. 4. On the fardbeyan first information report lodged, investigation proceeded and during the investigation the appellant apprehended and even articles recovered and Test Identification Parade of person and things were conducted which were identified by the witnesses and after completion of the investigation charge sheet submitted, cognizance taken, case committed to the Court of sessions and...
Tag this Judgment!Mira Devi Vs. the State of Bihar
Court: Patna
Decided on: Aug-09-2011
1. The accused-petitioner has preferred this revision application against the judgment and order dated 24.9.2001 passed by the learned 4th Additional Sessions Judge, Begusarai in Cr. Appeal No. 127 of 1995 by which the judgment of conviction and order of sentence dated 4.11.1995 passed by learned Judicial Magistrate,1st Class, Begusarai in G. R. No.268 of 1990, Trial No. 181 of 1995 arising out of Matihani P. S. Case No. 106 of 1990 has been set aside so far the case of other two appellants are concerned and judgment of conviction and order of sentence passed against the petitioner has been confirmed. 2. The prosecution case, in brief, is that Seema Kumari, aged about 10 years, the cousin sister of the informant used to go to the teacher, Lalan Singh for tuition. On 24.11.1990 at about 10 a.m. Mira Devi (petitioner), Indu Devi and Nityanand Singh (appellants) kidnapped her. When Mira Devi returned, she stated that Seema Kumari was enticed away by the accused appellant to Jasidih. On th...
Tag this Judgment!Sushil Chand Srivastava and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-09-2011
1. The writ petitioners of all the three writ petitions had taken the 24th Judicial Service Examination conducted by the Bihar Public Service Commission ( hereinafter referred to as "the Commission") pursuant to an advertisement in the year 1990. They have prayed for quashing the notification no 4691 dated 18.8.2001 issued by the Personnel and Administrative Reforms Department of State of Bihar contained in annexure-5, whereby 70 candidates were appointed to the post of Munsif in the general/open category on the basis of their position in the merit list. The challenge is confined to the appointment of private respondents 6 to 11, who are at serial nos. 16,20,48,65,66 and 67 of annexure-5 to C.W.J.C. No. 16634 of 2004. Since the cases of all the petitioners in these three writ petitions are said to be similar, for the sake of convenience, the facts have been taken, wherever necessary from the records of aforesaid writ petition which was argued as the main case. The petitions have made a...
Tag this Judgment!Raj Lal Sahu @ Raj Lal Sah and ors. Vs. the State of Bihar
Court: Patna
Decided on: Aug-05-2011
1. Nobody appears on behalf of the appellants. Mr. Arun Kumar Tripathi, Advocate is appointed as amicus curiae to assist this Court. 2. Heard learned amicus curiae and learned counsel for the State. 3. The appellants, namely, Raj Lal Sah, Jiwach Sah and Dukhi Sah have been convicted for the offence under Section 324 of the Indian Penal Code and sentenced to rigorous imprisonment for two years. No separate sentence has been passed for the offence under Section 148 of the Indian Penal Code. Appellants, namely, Singheshwar Sah, Lal Bahadur Sah and Uma Shankar Sah have been convicted for the offence under Section 323 and 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months. The appellant Umeshwar Sah has been convicted under Section 380 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years. 4. The learned amicus curiae, however, submits that though the appellants have sentenced but the benefit of Section 360 of the Cr.P....
Tag this Judgment!Prem Chandra Jha @ Bauka Jha Vs. the State of Bihar
Court: Patna
Decided on: Aug-05-2011
1. Nobody appears on behalf of the appellant. Mr. Rishi Raj, Advocate is appointed as amicus curiae to assist this Court. 2. Heard learned amicus curiae and learned counsel for the State. 3. The appellant has been convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years. 4. The prosecution case as alleged is that while the informant was taking toddy, the appellant came and demanded Rs.10/- and then the appellant brought Kulhari and gave a Kulhari blow on the head of the informant causing injury. The informant and the witnesses supported the prosecution case and the doctor has found corresponding injury dangerous to life. 5. However, from perusal of the records, it appears that the appellant has remained in jail from 15.03.1993 and has been granted bail by the Hon'ble High Court on 17.12.1998 and hence it appears that he has remained in jail and hence I do not find any merit in this appeal and hence the appeal is dismissed. 6. Mr...
Tag this Judgment!Nagendra Kumar Ojha @ Mukhiya Vs. the State of Bihar
Court: Patna
Decided on: Aug-04-2011
1. This appeal has been filed by the sole appellant against the order of conviction dated 03.02.2009 under Section-302 of the Indian Penal Code and sentence of imprisonment for life with fine of Rs.5000/- by order dated 12.02.2009, passed by the Additional District & Sessions Judge, F.T.C.-V, Rohtas at Sasaram in respect of Sessions Trial No.538/93 upon Sessions Trial No.21 of 2007. 2. It is alleged that on 15.02.1993 the appellant is said to have shot dead one Ashok Kumar Singh by his country made pistol. He also fired on the informant who escaped without injury. The reason was that the informant and the deceased had protested against the appellant's actions of trying to outrage the modesty of a girl student in the school. Upon the fardbeyan of the informant Dehri (Town) P.S. Case No.65 of 1993 dated 15.02.1993 was registered. Upon investigation being completed chargesheet was submitted and cognizance was taken on 14.06.1993 and the case was committed to the Court of Sessions on 1...
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