Patna Court January 2014 Judgments
SakIn Yadav and Others Vs. the State of Bihar
Court: Patna
Decided on: Jan-31-2014
Oral Judgment: 1. Heard the parties. 2. This appeal has been initially preferred by six appellants out of whom appellant nos. 4 and 5, namely, Ramautar Yadav and Chichai Yadav, are dead and the appeal with respect of them stands abated vide order dated 21st January, 2014. The remaining four appellants, i.e., appellant nos. 1, 2, 3 and 6, have preferred this appeal against the judgment of conviction and order of sentence dated 07th September, 1998 passed by 1st Additional Sessions Judge-cum-Special Judge, Saharsa in G. R. Case No. 41 of 1993 / 100 of 1997, holding them guilty for the offences under Sections 3 (i) (vi) and (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and under Section 323 of the Indian Penal Code and sentence to undergo rigorous imprisonment for six months. However, the sentences are to run concurrently. 3. The prosecution case in short based on the written application dated 03.08.1993 (Exhibit-2) of Adalat Mushar (not examined since de...
Tag this Judgment!Ram Baran Roy and Others Vs. the State of Bihar
Court: Patna
Decided on: Jan-30-2014
Cav Judgment: 1. Cr. Appeal No. 582 of 2011 wherein Ram Baran Roy happens to be appellant and Cr. Appeal No. 585 of 2011 wherein Pankaj Ishwar, Shiva Nandan Ishwar, Kaila Ishwar and Rajendra Roy happen to be appellants, commonly originate against judgment of conviction dated 25.04.2011 rendered by 2nd Additional Sessions Judge, Banka holding all the above named appellants guilty for an offence punishable under Sections 326 IPC and order dated 29.04.2011 directing each of them to undergo RI for 10 years as well as also slapped with fine appertaining to Rs.2500/- in default thereof, to undergo SI for 3 months, have been heard together and are being disposed of by a common judgment. 2. Informant, Bhagwat Ishwar (since deceased) filed written report on 16.01.1996 at about 10.15 a.m. disclosing therein that on the same day at about 8.45 a.m. while he was sitting along with his family members at his Darwaja, at that very time, Ram Baran Roy, Randhir Roy, Shiva Nandan Ishwar, Kaila Ishwar, Na...
Tag this Judgment!Ganga Prasad Mahto Vs. State of Bihar
Court: Patna
Decided on: Jan-30-2014
Oral Judgment: Heard the learned counsels appearing on behalf of the parties. 2. This appeal has been preferred by the solitary appellant against his conviction for the offence under Section 376 of the Indian Penal Code and sentence to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/-, in default, to undergo further rigorous imprisonment for one year as awarded by learned 4th Additional District and Sessions Judge, Samastipur on 24th April 2002 in Sessions Trial No. 233 of 1999 arising out of Complaint Case No. 1345 of 1997. 3. The complainant, PW-3, filed a complaint on 15th December 1997, asserting that in the previous night at about 08:00 P.M. in absence of her husband and father-in-law, the appellant entered inside the hut after removing the Tati and asked about her husband and father-in-law and in spite of information given about they are being outside and request to come only on their arrival at the pistol point pushed her inside, committed rape and af...
Tag this Judgment!indrajeet Kumar @ Ranjeet Kumar and Others Vs. the State of Bihar
Court: Patna
Decided on: Jan-29-2014
1. By judgment, dated 09.05.2013, passed, in Sessions Patna High Court CR. APP (DB) No.550 of 2013 dt.29-01-2014 Trial No. 901 of 2010 (Trial No. 2003 of 2010), by learned Additional Sessions Judge-II, Danapur, Patna, the present three appellants, namely, 1. Indrajeet Kumar @ Ranjeet Kumar, 2. Uday Singh, and 3. Harendra Kumar, stand convicted under Section 395 read with Section 120B of the Indian Penal Code. Following their conviction, as mentioned hereinbefore, the appellants have been sentenced, vide impugned order, dated 18.05.2013, to undergo imprisonment for life. 2. The case of the prosecution, as unfolded at the trial, may, in brief, be described as follows: (i) At the relevant point of time, P.W.1 (Rajesh Kumar Sinha) was employed as cashier of Allahabad Bank at Sorangpur Branch and he was the one, who used to carry cash to Allahabad Bank, Patna, and bring, at times, money, in cash, from Allahabad Bank, Patna, to its Branch at Sorangpur. (ii) On 18.12.2008, at about 11.30 A.M....
Tag this Judgment!Ajay Dubey and Others Vs. the State of Bihar
Court: Patna
Decided on: Jan-29-2014
Oral Judgment: 1. Heard learned counsel for the appellants and learned Additional Public Prosecutor for the State. 2. This appeal has been preferred by the appellants against conviction of appellant nos. 1 and 2 for the offences under section 304 part II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and Ajay Dubey convicted for the offences under section 385 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year whereas appellant no. 3 Baban Dubey convicted for the offences under Section 115 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years, all the sentences are to run concurrently, as awarded by learned 7th Additional Sessions Judge, Rohtas at Sasaram, on 18th January 2002, in Session Trial No. 405/2000/79/2000 arising out of Nasriganj P.S. Case No. 65/2000. 3. The prosecution has come out with the case as is evident from Fardbeyan of Radha Pandey, the informant, on 25th may ...
Tag this Judgment!Shiv Kumar Sahni Vs. the State of Bihar
Court: Patna
Decided on: Jan-29-2014
Oral Judgment: 1. Sole appellant Shiv Kumar Sahni who has been found guilty for an offence punishable under Section 307 of the IPC and been directed to undergo R.I. for ten years as well as also fine Rs.20,000/- in default thereof to undergo S.I. for six months additionally, under Section 27 of the Arms Act to undergo R.I. for five years as well as slapped with fine appertaining to Rs.10,000/- and in default thereof to undergo S.I. of three months additionally, with a further direction to run the sentences concurrently by 5th Additional Sessions Judge, East Champaran at Motihari in Sessions Trial No.504 of 2012/268 of 2012 challenged the same under present appeal. 2. P.W.6 Om Prakash Sahni filed written report on 26.12.2011 at about 4 P.M.(not exhibited) alleging inter-alia that there happens to be a piece of land standing in the name of his grand-father. He had gone there to see and found his co-villager Jangbahadur Sahani, Shiv Kumar Sahani, Rajesh Sahani, Nawal Sahani, Dhanai Sahani...
Tag this Judgment!irsad Alam Vs. the State of Bihar
Court: Patna
Decided on: Jan-28-2014
I.A. Ansari, J. 1. Whether a statement, made by an accused, admitted to have done an act, would amount to his confession if the act done is not admitted to have been done, or is not proved to have been done, knowingly and/or consciously? This is the primary question raised in this appeal. Our search, for an answer to the question, so posed, brings us to the question as to what is a œconfessionŸ. Yet another question, required to be answered in this appeal, is as to whether there is any difference in the use and probative value of confession made by an accused I the confession of a co-accused. 2. By the judgment, dated 14.08.2008, passed, in Trial No. 16 of 2006, by learned Additional Sessions Judge, Fast Track Court No. III, West Champaran, at Bettiah, the appellant stands convicted under Section 23 I of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, œNDPS Act, 1985Ÿ). In consequence of his conviction, the appellant stands, under the order, da...
Tag this Judgment!United India Insurance Co. Ltd. and Another Vs. Sudha Singh and Others
Court: Patna
Decided on: Jan-28-2014
1. M.A. No.264/2008 and M.A. No.265/2008 have been filed against the judgment and award dated 29.02.2008 and 12.05.2008 respectively passed by the Motor Accident Claim Tribunal-cum-Additional District Judge, 3rd, Patna in Claim Case Nos.1/2004 and 2/2004 by which the appellants have been held liable to pay compensation of Rs.22,80, 468/- for causing the death of Ramanuj Prasad Singh, husband of respondent no.1 and Rs.1,04,500/- for causing the death of Priyanka Singh, minor daughter of respondent no.1. 2. The brief facts of the case are that on 16.06.2003 Ramanuj Prasad Singh (deceased) was travelling in Tata Sumo Jeep bearing registration No.UP-78R-2987 alongwith the members of his family i.e. his wife Sudha Singh and his daughters Diksha Soni, Kumari Sweata, Priyanka Singh (deceased) and Astha. They started their journey from Padrauna, District- Kushinagar to Muzaffarpur. The vehicle belonged to Dinesh Dubey (respondent no.5) and the same was given to Ramanuj Prasad Singh as friendly...
Tag this Judgment!Laddu Sah and Another Vs. the State of Bihar
Court: Patna
Decided on: Jan-28-2014
I.A. Ansari, J. 1. Both the appeals have arisen out of judgment, dated 20.12.2011, passed, in Sessions Trial Nos. 220 of 2004, 221 of 2004 and 222 of 2004, arising out of Khagaria Rail P.S. Case No. 54 of 2002, by learned Additional Sessions Judge, F.T.C.-3, Khagaria, convicting the present two appellants, namely, Laddu Sah and Ranjeet Singh, under Section 302 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act, 1959. Following their conviction under Section 302 read with Section 34 of the Indian Penal Code, learned trial Court has, vide impugned order, dated 22.12.2011, sentenced the appellants to undergo imprisonment for life with fine of Rs. 5,000/- each and, in default of payment of fine, suffer Simple Imprisonment for two months and to further suffer, for their conviction under Section 27 of the Arms Act, 1959, rigorous imprisonment for two years with fine of Rs. 1,000/- each and, in default of payment, suffer Simple Imprisonment for one month, all the sen...
Tag this Judgment!Mustafa Kamal @ Md. Mustafa Kamal Vs. Mahmooda Khatoon and Others
Court: Patna
Decided on: Jan-28-2014
Mungeshwar Sahoo, J. 1. The plaintiff has filed this appeal against the judgment and decree dated 07.01.2011 passed by Sri Devanand Mani Tripathi, the learned 8th Subordinate Judge, Saran at Chapra in title suit No.184 of 1997 whereby the court below dismissed the plaintiffs suit. 2. The plaintiff-appellant filed the aforesaid suit for declaration of title over the suit property and further declaration that the defendants have no right and title over it. 3. The plaintiffs claimed the aforesaid relief alleging that one, Md. Kazim was the plaintiffs ancestor who died leaving behind Md. Haneef and Imdad Imam who inherited the property. They amicably partitioned the tauzi no.5655 and came in possession to the extent of half and half. Imdad sold his entire half share to Md. Haneef as such, he became the absolute owner of the entire tauzi. Md. Haneef gave the Milkiyat of tauzi to his wife, Bibi Sakina in Hiba in the year 1925 who came in possession. The heirs of Haneef died and Sakina also d...
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