Patna Court February 2014 Judgments
Bihari Sonar and Others Vs. the State of Bihar
Court: Patna
Decided on: Feb-13-2014
Oral Judgment: 1. The three appellants have preferred this Appeal against their conviction for the offence under Section 304(B)/34 of the Indian Penal Code and sentence to undergo rigorous imprisonment for 10 years and appellant, Bihari Sonar, has further been convicted for the offence under Section 4 of the Dowry Prohibition Act and sentence to undergo rigorous imprisonment for six months and to pay a fine of Rs.5,000/-, in default, further rigorous imprisonment for 2 months as awarded on 10th February 1998 by the learned 3rd Additional Sessions Judge, Bhabua in Sessions Trial No.701/68 of 1992/ 1997 arising out of Chainpur P.S. Case No. 134/92. 2. The prosecution case in short as reveals from Ext.3, the Fardbeyan of PW-3, Antu Paswan the village Chaukidar recorded on 22nd June 1992 at 10:00 hours by Sub-Inspector, Chaudhary Prakash Narain, PW-8 at the place of occurrence is that when the informant arrived at the village at about 08:00 A.M. learnt that wife of appellant, Babu Lal Sona...
Tag this Judgment!Bidya Singh and Others Vs. the State of Bihar
Court: Patna
Decided on: Feb-12-2014
Cav Judgment: 1. Appellants, Bidya Singh, Rahi Ram Singh, Deo Nandan Singh, Nakhalal Singh, Raj Nandan Singh, Baleshwar Singh, Ram Bhawan Singh, Deena Nath Singh have been found guilty for an offence punishable under Section 307/34 IPC, 323/34 IPC, 147 IPC, 148 IPC vide judgment dated 30.09.2013 and each one has been directed to undergo RI for four years as well as fined Rs. 10,000/- in default thereof, to undergo SI for six months additionally, SI for one year, fine of Rs. 1000/- in default thereof, to undergo SI for one month additionally having no separate sentence for an offence punishable under Section 147 IPC, 148 IPC, respectively vide order dated 03.10.2013 by 4th Additional Sessions Judge, Gopalganj in Sessions Trial No. 295/1994/292/2011 have preferred instant appeal. 2. On 21.06.1992 at about 5:00 p.m, injured Satya Narain Singh (PW-6) gave his Fard-e-beyan while he was admitted at State Dispensary, Kuchaikot along with injured, Gajadhar Singh, Suresh Dutt Singh before O/C o...
Tag this Judgment!Bimal Singh @ Bimal Kumar Singh and Others Vs. State of Bihar
Court: Patna
Decided on: Feb-11-2014
Oral Judgment: The three appellants have preferred this Appeal against their conviction for the offence under Section 304/34 of the Indian Penal Code and sentence to undergo rigorous imprisonment for five years and pay a fine of Rs.2,000/- each and out of the amount so realized Rs.5,000/- shall go to the informant i.e. son of the deceased in failure to pay the fine further to undergo rigorous imprisonment for six months as awarded on 5th June 2002 by the 1st Additional Sessions Judge, Fast Track Court, Begusarai in Sessions Trial No.7 of 88/65 of 2001 arising out of Cheria Bariyarpur P.S. Case No. 5(2)/77. 2. The prosecution case in short as reveals from Ext.1 based on the statement of informant, PW-10 recorded at the Police Station on 12th February 1977 at 06:30 hours by Sub-Inspector Ramdin Singh (not examined) in presence of Sitaram Sah and Mukhtar Ahmad (both not examined) is that in the morning hours father of the informant had gone to meet natural call while returning found PW2, ...
Tag this Judgment!Raj Kishor Rai and Another Vs. the State of Bihar
Court: Patna
Decided on: Feb-10-2014
Cr.Appeal No.128 of 2011 wherein Raj Kisahore Rai happens to be the appellant, Cr.Appeal No.204 of 2011 wherein Ram Ishwar Rai happens to be the appellant commonly originate from the judgment dated 14.12.2010 passed by Additional Sessions Judge, Fast Track Court No.IV, Vaishali at Hajipur in Sessions Trial No.285 of 1998 convicting both the appellants under Section 376(2)(g), wrongly mentioned as 376(g) of the IPC and order of sentence dated 18.12.2010 directing each of them to undergo R.I. for ten years as well as also fined Rs.20,000/- in default thereof to undergo S.I. of two months additionally, as such analogously heard and are being disposed of by a common judgment. 2. Manju Devi, victim aged about 13 years instituted first information report(Ext-5) on 11.03.1997 at about 9.30 A.M. at Sarai police station disclosing therein that on the previous day she was alone at her house as her mother and brother have gone to Biharsharif. At about 7 P.M., while she was going to latrine situat...
Tag this Judgment!The Organizer, Dehri C.D. and C.M. Union Limited Fazalganj, Sasaram, D ...
Court: Patna
Decided on: Feb-07-2014
Navaniti Prasad Singh, J. 1. A Division Bench of two Honble Judges of this Court, presided by Honble the Chief Justice, by order dated 06.08.2013, passed in this letters patent appeal, has referred the matter to this Special Bench consisting of five Honble Judges, doubting the correctness of the Division Bench judgment in the case of Nand Kishore Rai vrs. The State of Bihar and Ors., since reported in 1988 P.L.J.R. 1065 and the Full Bench judgment of three Honble Judges of this Court in the case of Rajendra Prasad Sah vrs. The State of Bihar and Ors., since reported in 2000 (4) P.L.J.R. 273, in respect of the issue whether a private Co-operative Society, duly registered under the provisions of the Bihar Co-operative Societies Act, 1935 (hereinafter referred to as `the Co-operative Actfor brevity) not being a œState? by itself, within the meaning ascribed to it under Article 12 of the Constitution, would become a State if the elected Managing Committee thereof is taken over and re...
Tag this Judgment!Shri Thakur Gopalji Vs. Bihar Religious Trust Board, Patna and Others
Court: Patna
Decided on: Feb-07-2014
This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner against the order dated 19th September 2000 made by the learned Single Judge in C.W.J.C. No. 9254 of 2000. The matter at dispute is the management of Thakur Gopalji Maharaj Temple situated at Mirjapur ((Bindwara Mor), District- Munger (hereinafter referred to as the Temple). The appellants claim to be managing the Temple. The President of the Bihar State Board of Religious Trusts (hereinafter referred to as the Board), under notice dated 2nd August 2000 called upon the appellants to show cause why a legal action be not taken against them for their failure to submit the accounts of the income and expenditure of the Temple from 1951-1952 till 1999-2000 and to show cause why a scheme may not be framed under section 32 of the Bihar Hindu Religious Trust Act, 1950 (hereinafter referred to as the Act) and why a committee for management be not made by the President of the Board, in exercise of power conferre...
Tag this Judgment!Netal Paswan and Others Vs. the State of Bihar
Court: Patna
Decided on: Feb-07-2014
Oral Judgment: Heard the parties. The three appellants have preferred this Appeal against their conviction for the offence under Section 364 of the Indian Penal Code and sentence to undergo rigorous imprisonment for 10 years while acquitting from the charges under Section 302/201 of the Indian Penal Code by the First Additional Sessions Judge, Khagaria in Sessions Trial No. 300 of 1987 arising out of Gogri P.S. Case No. 2(5) of 74. 2. The prosecution has come out with a case instituted on the Fardbeyan of PW-9, Shiv Shankar Singh recorded on 03.05.1974 at 09:00 A.M. that in the previous evening while the informant along with his uncle Bindeshri Singh, Janardan Singh and others had gone for shopping and while returning they sat at a tea stall of one Chamru Sah, PW-2 where Halka Karamchari, Bindeshwari Singh (not examined) has arrived and due to prolong talk substantial time was consumed suddenly three appellants along with one Ram Swaroop Yadav (non-appellant) and in the garb of panchya...
Tag this Judgment!The State of Bihar and Others Vs. Radheshyam Choudhary and Others
Court: Patna
Decided on: Feb-06-2014
S.P. Singh, J. 1. Both Criminal Appeal nos. 535 of 2012 and 794 of 2012 are directed against the common judgment and order dated 19.5.2012 passed by the learned 3rd Additional Sessions Judge, Muzaffarpur in Sessions Trial No.30 of 2008/Sessions Trial No.167/09, whereby all the four appellants have been convicted under sections 302, 201 and 120B of the I.P.C. 2. The sole appellant Vishwanath Choudhary of Criminal Appeal No.535 of 2012 has been sentenced to R.I. for life imprisonment under sections 302/34 and 120B of the Penal Code and has also been ordered to pay a fine of Rs.1 lac. The rest three appellants of Criminal Appeal No.794 of 2012, namely, Radheyshyam Choudhary, Chandan Choudhary (absconding) and Vinod Choudhary are awarded death sentence under the said Court. However, no separate sentence has been passed for conviction under section 201 of the Penal Code. 3. A Death Reference bearing Death Reference Case No.13 of 2013 was registered in terms of section 366 of the Cr.P.C. The...
Tag this Judgment!The Divisional Manager National Insurance Company Ltd. Vs. Ram Prasad ...
Court: Patna
Decided on: Feb-06-2014
1. This appeal is directed against the judgment and award dated 30.9.2005 and 9.12.2005 passed by the Motor Vehicles Accident Claims Tribunal-cum- 1st Additional District Judge, Bhagalpur in Claim Case No. 95 of 2002 by which the appellant has been directed to pay the amount of compensation to the claimants. 2. The claim application was filed under Section 166 of the Motor Vehicles Act on account of the death of Dabloo Yadav aged about 21 years, the son of the claimant in the road accident on 15.5.2000 at about 5 p.m. due to rash and negligent driving of a bus bearing Registration No. 10- A-2786. Later on by amendment it has been mentioned as bus No. BR- 1P 2786. 3. The written statements were filed on behalf of opposite party no. 1, owner of vehicle (respondent no. 3) and also opposite party no. 3, National Insurance Company Ltd. (appellant). 4. In the written statement filed by the owner of the vehicle it has been stated that offending vehicle BR-1P 2786 was insured by the National I...
Tag this Judgment!Pappu Kumar Mandal Vs. the State of Bihar
Court: Patna
Decided on: Feb-05-2014
1. Appellant Pappu Kumar Mandal has been found guilty for an offence punishable under Section 20 of the NDPS Act vide judgment dated 31.10.2013 and sentenced to undergo R.I. for ten years as well as also fined of Rs.1,00000/- in default thereof to undergo R.I. for two years vide order dated 12.11.2013 passed by Ist Additional Sessions Judge-cum-Special Judge under NDPS Act, Khagaria in Special Case No.02 of 2010 arising out of Naugachhia Rail P.S.Case No.09 of 2010. 2. The case of the prosecution in brief as per self statement of ASI Bhagwan Prasad Singh(P.W.2) drawn on 31.03.2010 is that during course of escort of 322 Dn. along with police personnel they have perceived suspicious activity of a passenger who attempted to conceal a bag and Jhola over which he was interrogated. He disclosed his identity as Pappu Kumar Mandal. On query with regard to bag and Jhola, he became perplexed and tried to flee. In presence of escort party, the bag and Jhola was searched. From bag three packets of...
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