Patna Court February 2014 Judgments
Ram Prabhu Pandey Vs. the State of Bihar and Others
Court: Patna
Decided on: Feb-26-2014
This Petition under Article 226 of the Constitution has been filed by one Ram Prabhu Pandey, an Additional District and Sessions Judge-cum-Fast Track Court (since retired), for grant of benefit of œSelection Grade? in the cadre of District Judge (Entry Level). The petitioner joined the judicial service in the State of Bihar on 13th June 1975. Over a course of time, he was promoted to the cadre of Civil Judge (Senior Division) on 5th December 1996. While he was serving in the cadre of Civil Judge (Senior Division), under Government Notification dated 22nd January 2002 he, then the Subordinate Judge I-cum-Additional Chief Judicial Magistrate, Aurangabad, was promoted as Additional District and Sessions Judge, Aurangabad on Ad-hoc basis to preside over the Fast Track Court. Pursuant to the said Notification, the petitioner joined as Ad-hoc Additional District and Sessions Judge-cum-Fast Track Court on 11th February 2002. While he was functioning as Ad-hoc Additional District and Ses...
Tag this Judgment!Rama Shankar Rai Vs. the State of Bihar
Court: Patna
Decided on: Feb-25-2014
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 Sections 307 and 395 of the Indian Penal Code and sentenced to undergo respectively rigorous imprisonment for 10 and 7 years with a fine of Rs. 1000/- each for both the offences, however, the sentences are to run concurrently, as awarded on 22nd June, 2002, by learned Additional Sessions Judge, F.T.C. “ II, Aurangabad, in connection with Session Trial No. 128/89 / 161/2002 arising out of Kutumba P.S. Case No. 10/89. 3. The case was instituted against unknown for the offences under Section 395 of the Indian Penal Code on the Fardbeyan of one Yogendra Tiwary (P.W.6) recorded on 5th February 1989 at 04 hours by S.I. Mundrika Prasad (P.W.9) which reveals that at about 1.00 a.m. while the entire family members were sleeping suddenly the informant awoke on hearing the sound of firing and foun...
Tag this Judgment!Hari Shankar Sharma @ Bijli Vs. the State of Bihar
Court: Patna
Decided on: Feb-21-2014
1. The solitary appellant has preferred this Appeal against his conviction for the offence under Section 306 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years as awarded on 30th July 2002 by the learned 1st Additional Sessions Judge (Fast Track Court), Sitamarhi in Sessions Trial No. 299 of 1997/225 of 2001 arising out of Nanpur P.S. Case No. 122 of 1996, initially instituted for the offence under Sections 304B of the Indian Penal Code against only co-accused (non-appellant), Navin Kumar Mishra, the husband of the deceased who stand acquitted by same judgment. 2. The prosecution case in short as revealed from Ext. 4, fardbeyan of PW-7, Shanti Devi, mother of the deceased, recorded on 23.11.1996 at 17 hours is that her daughter, Bandana aged about 20 years was married with one Navin Kumar Mishra (co-accused) a few months ago. Gifts etc. were also given as per capacity. Roughly one and half months before she had visited the place of her parents along wi...
Tag this Judgment!Umesh Das Vs. the State of Bihar and Others
Court: Patna
Decided on: Feb-21-2014
In this writ application petitioner has challenged the order of punishment dated 28.02.1996 passed by the Collector, as contained in Annexure-12, by which the services of the petitioner have been dispensed with on conclusion of a departmental enquiry and has also challenged the order of the Appellate Authority dated 04.03.1998, as contained in Annexure-15, dismissing his appeal. The short facts required to be noticed for the purpose of disposal of this case are that the petitioner at the relevant time was working as Clerk in the district Nazarat. In the inspection, some amount was found defalcated and he was put under suspension by order dated 4.9.1991 and was directed to deposit defalcated amount which he failed to do. Hence, some criminal and civil proceedings were initiated against him in court of law. Besides a departmental proceeding was also initiated against him. In the proceeding, charges were framed and served on the petitioner. It is his case that he kept on writing the autho...
Tag this Judgment!Ravi Shankar Yadav Vs. the State of Bihar
Court: Patna
Decided on: Feb-21-2014
1. Appellant, Ravi Shankar Yadav, who has been found guilty for an offence punishable under Section 366 IPC and sentenced to undergo RI for five years, under Section 376 IPC and sentenced RI for seven years with a further direction to run the sentences concurrently vide judgment of conviction dated 03.08.2013 and sentence dated 05.08.2013 passed by Additional Sessions Judge, 3rd East Champaran at Motihari in Sessions Trial No. 30 of 2013 has preferred instant appeal. 2. Devanti Devi (PW-16) filed complaint petition bearing no. 2785/2011 on 25.11.2011 alleging inter alia that on 15.11.2011, she along with her mother-in-law, Panapati Devi proceeded from her Sasural along with her daughter aged about 1 years to Motihari for her treatment. As the evening had fallen, therefore, in stead of returning back to her Sasural, she along with her mother-in-law proceeded to her Naihar lying at village, Harian Chapra. As soon as, she reached near bridge located at her Naihar, Ravi Shankar Yadav alon...
Tag this Judgment!Sarjug Prasad Singh Vs. the State of Bihar
Court: Patna
Decided on: Feb-19-2014
1. Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State. 2. This is an appeal preferred by solitary appellant against his conviction for the offences under Section 409 and 161 of the Indian Penal Code and Section 5(2) read with Section 5(1)(a)(c)(d) of Prevention of Corruption Act, and sentenced to undergo rigorous imprisonment for one year and to pay a sum of Rs. 4000/-, in default further to undergo rigorous imprisonment for four months, the sentences are to run concurrently, as awarded on 30th June 1994, by learned Special Judge (Vigilance), South Bihar, Patna, in connection with Special Case No. 24/85. 3. After some arguments, learned counsel for the appellant chosen not to challenge conviction of the appellant, but confined her submissions on the point of sentence, mainly on the ground of age of the appellant who is now aged about 75 years suffered detention for about 2 months besides mental agony, financial losses etc. for the last about ...
Tag this Judgment!Sita Devi and Others Vs. the State of Bihar
Court: Patna
Decided on: Feb-18-2014
1. Criminal Appeal (SJ) No.772 of 2013 wherein Sita Devi happens to be the appellant, Criminal Appeal (SJ) No. 749 of 2013 wherein Santosh Gami happens to be the appellant and Criminal Appeal (SJ) No. 753 of 2013 wherein Santosh Pandey happens to be appellant commonly originate against the judgment of conviction dated 30.10.2013 sentence dated 02.11.2013 rendered by the First Additional Sessions Judge, Darbhanga in Sessions Trial No.261 of 2012 / 866 of 2012 convicting appellant Sita Devi for an offence punishable under Section 366(A) / 120(B) read with 366(A) IPC and directed her to undergo R.I. for 7 years as well as fined Rs.2000/- in default thereof to undergo R.I. for a year additionally. However, no separate sentence has been passed for an offence punishable under Section 366(A) / 120(B) of the IPC. Santosh Gami and Santosh Pandey has been held guilty for an offence punishable under Section 366(A) / 120(B) of the IPC and each of them has been directed to undergo R.I. for 5 years ...
Tag this Judgment!Ganauri Yadav and Another Vs. the State of Bihar
Court: Patna
Decided on: Feb-18-2014
Heard learned counsels appearing on behalf of the parties. 2. Both the appellants abovenamed respectively being father-in-law and husband of deceased daughter of the informant have preferred this appeal against their conviction for the offence punishable under Sections 304B, 498(A) and 201 of the Indian Penal Code and respectively sentence to undergo rigorous imprisonment for ten and two years each, however, all the sentences are to run concurrently, as awarded on 20th Day of February, 2002 by learned 2nd Additional Sessions Judge (F.T.C.), Patna, in Sessions Trial Nos. 684 of 1992 / 65 of 2001 arising out of Phulwari Sharif (Gaurichak) P.S. Case No. 389 of 1991. 3. The appellants and other family members were put on trial for same offence but others have been acquitted and these two appellants were found guilty and have been convicted and sentenced in the manner aforesaid. 4. The prosecution case in short as reveals from the written application (Ext.2) of P.W.3, namely, Deolagan Rai, ...
Tag this Judgment!Parsuram Rai Vs. the State of Bihar
Court: Patna
Decided on: Feb-17-2014
Oral Judgment: 1. Heard the parties. 2. This is an Appeal preferred by the solitary appellant against his conviction for the offence under Section 3(i)(x) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the œSC/ST Act?) and sentence to undergo rigorous imprisonment for three years and pay fine of Rs.500/-, in default whereof, to undergo further rigorous imprisonment for six months, as awarded on 9th July 2002, by the Special Judge, Saran at Chapra, under the Act in Sessions Trial No. 272 of 2000 arising out of Protest Complaint Case No. 1301 of 1998 arising out of Rasulpur P.S. Case No. 83 of 1996 passed on Complaint Case No. 79 of 1996. 3. The prosecution has come out with the case that while the complainant-informant, PW-2, Binda Ram was coming from market his body was touched with the solitary appellant who was also passing through with his lunch box, he became furious started abusing and when the informant. On return...
Tag this Judgment!Jagannath Rai Vs. the State of Bihar Through Secretary, Department of ...
Court: Patna
Decided on: Feb-13-2014
R.M. Doshit, CJ. This petition under Article 226 of the Constitution has been filed by a Judicial Officer to challenge the decision dated 12th March 2010 of the High Court not to allow the petitioner full pay and allowances during the period he was placed under suspension pending the disciplinary proceeding. It appears that certain bail orders made by the petitioner, the then Additional District and Sessions Judge, Fast Track Court No.2, Jamui, were the subject matter of scrutiny by the High Court. After such scrutiny a disciplinary proceeding was initiated against the petitioner under the Memorandum of charge dated 24th September 2009. Pending the scrutiny and the disciplinary proceeding, under order dated 29th July 2009, the petitioner was placed under suspension. After holding due departmental enquiry, the enquiry officer recorded findings in favour of the writ petitioner. Pursuant to the said findings the High Court, under its order dated 10th March 2010, decided to exonerate the p...
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