Patna Court February 2014 Judgments
indradeo Sao and Others Vs. the State of Bihar
Court: Patna
Decided on: Feb-28-2014
1. Since both these appeals arise out of one case, they are being taken up together and are disposed of by this composite judgment. 2. Perused the report received from the Superintendent of Police, Nalanda, confirming death of appellant no. 2, namely, Rajeshwari Devi (Cr. Appeal (SJ) No. 419 of 1998). Hence, the appeal with respect to her stands abated. 3. Heard learned counsels appearing on behalf of the parties. 4. The remaining two appellants in former appeal (Cr. Appeal (SJ) No. 419 of 1998) are non-else than the father-in-law and brother-in-law of the deceased, whereas, the solitary appellant in latter appeal (Cr. Appeal (SJ) No. 437 of 1998) is her husband and all have preferred these appeals against their conviction for the offences punishable under Sections 304(B), 498A and 201 of the Indian Penal Code and respectively sentence to undergo rigorous imprisonment for 10, 3 and 2 years as awarded vide judgment of conviction and order of sentence, respectively, dated 28th and 30th N...
Tag this Judgment!Satish Kumar Gupta and Others Vs. the State of Bihar
Court: Patna
Decided on: Feb-28-2014
1. Criminal Appeal (SJ) No. 503 of 2013 wherein Guddu Rai happens to be the appellant, Criminal Appeal (SJ) No. 549 of 2013 wherein Amitabh Rai @ Amitab Kumar @ Amitab Kumar Rai happens to be appellant, Criminal Appeal (SJ) No. 550 of 2013 wherein Aman Kumar Singh @ Abhay Kumar Singh happens to be the appellant, Criminal Appeal (SJ) No. 644 of 2013 wherein Satish Kumar Gupta, Raj Kumar Sah happens to be the appellants, commonly originate against the judgment of conviction dated 27.06.2013 and sentence dated 02.07.2013 passed by Sessions Judge, Saran at Chapra in Sessions Trial No.96 of 2011, on account thereof there have been analogous hearing and are being disposed of by a common judgments. 2. Appellants Aman Kumar Singh @ Abhay Kumar Singh, Guddu Rai, Satish Kumar Gupta, Amitabh Rai @ Amitab Kumar @ Amitab Kumar Rai, Raj Kumar Sah have been found guilty for an offence punishable under Section 395 of the IPC and each of them has been directed to undergo R.I. for 10 years as well as fi...
Tag this Judgment!Mahabir Thakur and Others Vs. the State of Bihar
Court: Patna
Decided on: Feb-28-2014
1. Heard learned counsel for the appellants and learned Additional Public Prosecutor for the State. 2. All the four appellants have preferred this appeal against their conviction for the offences under Sections 147, 148, 149, 323/34 and 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year each for the offences under Section 147, 148, 323/34 of the Indian Penal Code and seven years for the offences under Sections 307/149 of the Indian Penal Code, however, all the sentences are to run concurrently, as awarded on 29th June, 2002, by learned Additional Sessions Judge, Aurangabad, in connection with Session Trial No. 65/90 / 262/2001 arising out of Kutumba P.S. Case No. 17/1989. 3. In this case, prosecution has produced only two documents, Exhibit 1 is fardbeyan and Exhibit 2 is formal First Information Report, and as it reveals from them is that P.W.3, the informant, has been assaulted by the appellants and one Meghni Devi, co-accused facing trial but ac...
Tag this Judgment!Sudhir Kumar Prasad @ Sah and Others Vs. the State of Bihar
Court: Patna
Decided on: Feb-28-2014
1. Criminal Appeal no.259 of 2008, wherein Sudhir Kumar Prasad @ Sah, Shambhu Shankar Sudhanshu @ Guddu, Chandan Kumar, Boby Kumar are appellants while Cr. Appeal no.354 of 2008, wherein Pramod Sah happens to be appellant commonly originate, out of judgment of conviction dated 29.02.2008 and sentence dated 04.03.2008 rendered by Additional Sessions Judge, Fast Track Court-VI, Munger and on account thereof, there would have been analogous hearing, consequent thereupon, are decided by a common judgment. 2. Appellants Pramod Sah, Sudhir Kumar Prasad @ Sah, Shambhu Shankar Sudhanshu @ Guddu, Chandan Kumar and Boby Kumar have been found guilty for an offence punishable under Section 341 of the I.P.C. and each one has been directed to undergo simple imprisonment for one month, under Section 323 of the I.P.C. and each one has been directed to undergo rigorous imprisonment for one year, under Section 307/34 of the I.P.C. and each one has been directed to undergo rigorous imprisonment for seven...
Tag this Judgment!NizamuddIn Miya @ MizamuddIn Miya and Others Vs. the State of Bihar
Court: Patna
Decided on: Feb-28-2014
1. Heard the parties. 2. All the seven appellants have preferred this Appeal against their conviction for the offence under Section 307/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and, appellant nos. 6 and 7 have further been convicted for the offence under Section 323 of the Indian Penal Code but no separate sentence was awarded by the learned 3rd Additional Sessions Judge (FTC), Bhojpur at Ara in his judgment dated 14th August 2002 in Sessions Trial No.10 of 1992 arising out of Ara Muffasil P.S. Case No. 130 of 1991. 3. The prosecution case as reveals from Ext.2, fardbeyan of Md. Idrish Miya, PW-2 recorded on 20th June 1991 at 05:30 P.M. at his door by A.S.I., Syed Ziaullah (not examined) is that in the same morning about 10:00 A.M. appellant no.1, Mizamuddin Miya called him in the orchard and got hold thereafter others appellants started assaulting him, caused head injury, and when he fell down he was further assaulted and there was bri...
Tag this Judgment!Md. Budhu Vs. the State of Bihar
Court: Patna
Decided on: Feb-26-2014
1. Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State. 2. The solitary appellant has preferred this appeal against his conviction for the offences under Section 304(B) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years as awarded on 29th May, 2002 by learned Additional Sessions Judge, Fast Track Court “ III, Purnea, in connection with Session Case No. 62/1990 / T.R. No. 13/2002 arising out of Bhawanipur P.S. Case No.54/1989 instituted under section 302/304(B) of the Indian Penal Code. 3. The prosecution has come out with a case as reveal from fardbeyan of Md. Jiyauddin (P.W.6) the informant, recorded on 4th August 1989 at about 12.40 hours at his door by A.S.I. (not examined) that in the previous evening at about 6.00 p.m. his niece (Bhagini) the deceased was being assaulted by the appellant and other family members but due to intervention of Mohalla people she could be escaped. The informant left fo...
Tag this Judgment!Tamanna Khan and Others Vs. the State of Bihar
Court: Patna
Decided on: Feb-26-2014
I. A. Ansari, J. 1. These appeals have put to challenge the judgment, dated 07.09.2007, passed, in G. O. Case No. 05 of 2005, by the learned 1st Additional Sessions Judge “cum- Special Judge, Darbhanga, whereby the accused-appellants, namely, Tamanna Khan, Chanda Khatoon and Zarina Khatoon, stand convicted under Sections 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, NDPS Act) and Section 47 (c) of the Bihar Excise Act, 1915. In consequence of their conviction under Section 20 of the NDPS Act, the accused-appellant, namely, Zarina Khatoon, stands, under the order, dated 12.09.2007, sentenced to suffer rigorous imprisonment for a period of seven years and pay fine of Rs. 25,000/- (twenty five thousand) and, in default of payment of fine, undergo simple imprisonment for six months. For their conviction under Section 20 of the NDPS Act, the two other accused-appellants, namely, Tamanna Khan and Chanda Khatoon, stand, under the order, dated 12.09.2007, afor...
Tag this Judgment!Rajendra Yadav and Another Vs. the State of Bihar
Court: Patna
Decided on: Feb-26-2014
1. In Criminal Appeal no.165 of 2013, wherein Upendra Yadav, happens to be the appellant, in Cr. Appeal no.143 of 2013, wherein, Rajendra Yadav, happens to be the appellant, commonly originate against the judgment of conviction dated 19.02.2013 and sentence dated 21.02.2013 rendered by the Ad hoc Additional Sessions Judge-I, Banka in Sessions Trial No.1248 of 2007/ Suppl. Tr. No.245 of 2013 and on account thereof, there has been analogous hearing and being disposed of commonly. 2. Appellant Upendra Yadav has been found guilty for an offence punishable under Section 307 of the I.P.C. whereunder has been directed to undergo rigorous imprisonment for ten years as well as also slapped with fine appertaining to Rs. 25,000/- in default thereof to undergo Simple Imprisonment of one year additionally, under Section 341 of the I.P.C. to undergo Simple Imprisonment for one month as well as also slapped with fine appertaining to Rs.5,00/- in default thereof to undergo Simple Imprisonment for seve...
Tag this Judgment!Md. AllauddIn and Another Vs. the State of Bihar
Court: Patna
Decided on: Feb-26-2014
I. A. Ansari and K. K. Mandal, JJ. 1. Under challenge, in the present appeal, are the judgment, dated 23rd July, 2008, and, the order, dated 24th July, 2008, passed, in Sessions Trial No. 499 of 2002, by the learned Additional Sessions Judge, Fast Track Court No. 9, Purnea. 2. By the impugned judgment, the two appellants, namely, Md. Allauddin and Md. Jahangir, stand convicted under Sections 148, 342, 323, 504 and 302 read with 149 of the Indian Penal Code. Following their conviction under Section 302 read with Section 149 of the Indian Penal Code, both the appellants aforementioned have been sentenced, under the impugned order, to suffer imprisonment for life with fine of Rs. 10,000/- (ten thousand) each and, in default of payment of fine, to suffer rigorous imprisonment for one year. No separate sentence has been awarded for the appellants conviction under Sections 148 and 342, 323 and 504 read with Section 149 of the Indian Penal Code. 3. The case of the prosecution, as unfolded at ...
Tag this Judgment!Krishna Prasad and Another Vs. the State of Bihar
Court: Patna
Decided on: Feb-26-2014
1. Criminal Appeal (SJ) No.810 of 2004 wherein Krishna Prasad happens to be the appellant and Criminal Appeal (SJ) No.25 of 2005 wherein Sheojee Prasad Gupta happens to be the appellant commonly originate from judgment of conviction and sentence dated 06.12.2004 passed by Special Judge, CBI, North Bihar, Patna in Special Case No.70 of 1990 and on account thereof both the appeals have been heard together and are being disposed of by a common judgment. 2. Appellant, Krishna Prasad has been found guilty under Section 418, 120B/420, 477A IPC as well as under Section 13(2) read with 13(1)(d) of the P.C. Act, 1988 corresponding to Section 5(2) read with Section 5(1)(c)(d) of the P.C. Act, 1947 and further been directed to undergo R.I. for six months and to pay fine of Rs.1000/- and in default thereof to undergo R.I. for 15 days additionally under each head of Section 418, 420, 420/120B IPC. He has further been directed to pay fine of Rs.1000/- and in default thereof to undergo R.I. for 15 da...
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