Patna Court March 2014 Judgments
Manoj Yadav @ Manoj Kumar Yadav and Another Vs. the State of Bihar
Court: Patna
Decided on: Mar-31-2014
1. Appellants, Manoj Yadav @ Manoj Kumar Yadav and Chunni Lal Yadav who have conjointly been held guilty for an offence punishable under Sections 304B and 201 of the IPC and independently been directed to undergo RI for 10 years as well as slapped with fine appertaining to Rs.2000/- and in default thereof to undergo RI for one year under Section 304B of the IPC, RI for three years as well as fined of Rs. 500/- in default thereof to undergo SI for three months with a further direction to run the sentences concurrently vide judgment of conviction dated 11.01.2012 and order of sentence dated 12.01.2012 passed by Additional Sessions Judge-FTC-1st, Katihar in Sessions Trial No. 85/2010, have preferred the instant appeal. 2. PW-13, Kedar Yadav had got his Fard-e-beyan recorded on 16.05.2009 at about 8:45 a.m. in the banana field of Chunni Lal Yadav disclosing therein that his daughter, Mamta Kumari (deceased) was married with Manoj Yadav @ Manoj Kumar Yadav son of Chunni Lal Yadav of Village...
Tag this Judgment!The State of Bihar and Others Vs. Rajendra Mahaldar and Another
Court: Patna
Decided on: Mar-31-2014
I.A. Ansari, J. 1. Under challenge, in the present appeals, are the judgment, dated 28.02.2013, passed, in Sessions Trial No. 195 of 2010, by learned 1st Additional Sessions Judge, Katihar, and the order, dated 06.03.2013, whereby various sentences have been passed against the accused-appellants. 2. By the impugned judgment, learned trial Court has convicted all the accused-appellants, except accused-appellant, Rajendra Mahaldar, under Section 302 read with Section 149 and also under Section 148 of the Indian Penal Code. The learned trial Court has convicted the accused-appellant, Rajendra Mahaldar, under Section 302 of the Indian Penal Code. Following their conviction under Section 302 read with Section 149 of the Indian Penal Code, all the accused-appellants, except accused-appellant, Rajendra Mahaldar, have been sentenced to undergo imprisonment for life and pay fine of Rs. 500/- each and, in default of payment of fine, suffer rigorous imprisonment for one month. For their convictio...
Tag this Judgment!Ramudar Das @ Ramotar Singh Vs. State of Bihar
Court: Patna
Decided on: Mar-28-2014
None appears on behalf of the petitioner. Counsel for the State is present. Perused the records. This criminal revision is directed against the judgment and order dated 26.04.2003 passed by the Additional District and Sessions Judge, 1st Khagaria in Criminal Appeal No. 5 of 2000, whereby the learned appellate court while upholding the conviction has modified the sentence awarded by the trial court directing the petitioner to undergo rigorous imprisonment of six months under Section 25(1-B)a of the Arms Act and three months under Section 26 of the Arms Act. Facts of the matter briefly stated is that the informant of the case Ram Prasad Sah, Hawildar who was deputed at Dhamhara Ghat Railway Station, was on patrolling duty when he found a plastic bag lying on the platform near a lady and upon enquiring from her she informed that the bag belonged to this petitioner. The petitioner was asked to open the bag and wherefrom a country made pistol, a torch and a knife were recovered. As no answe...
Tag this Judgment!Sudama Singh and Others Vs. State of Bihar
Court: Patna
Decided on: Mar-28-2014
1. Five appellants were tried by Fast Track Court No.3, Kaimur(Bhabhua) by being charged with committing offences under Sections 307/34, 323 and 342 IPC. The learned trial Judge, while delivering judgment on 27.05.2002, held appellant Sudama Singh guilty of committing offences under Sections 307, 324 and 342 IPC while the remaining four appellants, namely, Ganga Singh, Dayanand Singh, Abhay Narain Singh and Gopal Singh were found guilty of committing offences under Sections 323 and 342 IPC. After hearing the appellants on sentence appellant Sudama Singh was directed to suffer rigorous imprisonment for five years, two years and six months for being convicted of offences under Sections 307, 324 and 342 IPC respectively. So far as the other four appellants are concerned, each of them was directed to suffer rigorous imprisonment for one year and six months respectively for being found guilty of committing offences under Sections 323 and 342 IPC. The appellants chose to prefer the present a...
Tag this Judgment!Ram Sushila Yadav Vs. the State of Bihar
Court: Patna
Decided on: Mar-28-2014
1. Four accused persons were put on trial by the learned Presiding Officer of Fast Track Court-1, Buxar after being charged with committing offences under Sections 436 and 307 read with Section 34 of the Indian Penal Code in Sessions Trial No. 324 of 1986. By judgment of conviction dated 15.10.2001, the accused persons were acquitted of the charges under Sections 436 and 307 of the Indian Penal Code, but were held guilty of committing the offence under Sections 324/34 of the Indian Penal Code. They were heard under Section 235 of the Code of Criminal Procedure on sentence on the same day and each of them was directed to suffer rigorous imprisonment for two years. 2. The four convicted persons preferred the present appeal jointly. However, appellant Keshav Yadav was reported dead and the appeal as for him was ordered to be abated on 25.03.2014, leaving the appeal only for and on behalf of appellants Ram Sushila Yadav, Ashok Yadav @ Ashok Kumar Yadav and Kamala Yadav. 3. The prosecution ...
Tag this Judgment!Ramashray Yadav and Others Vs. the State of Bihar and Another
Court: Patna
Decided on: Mar-28-2014
Heard Mr. Subodh Kumar, learned counsel appearing on behalf of the petitioners, learned counsel for the State and Mr. Arbind Kumar Sharma, learned counsel appearing for the opposite party no.2. This criminal revision application is directed against the order dated 15.5.2003 passed in Criminal Revision No.386 of 2002, whereby the learned Sessions Judge, Begusarai while setting aside the order dated 10.7.2002 passed by the Sub-Divisional Magistrate, Bakhri in Case No.223M of 2001, has directed the Magistrate to proceed with the matter arising out of the proceeding under section 145 of the Code of Criminal Procedure (hereinafter referred to as the Code). The dispute pertains to a land bearing Khata no.40, Khesra No.28, having an area of 1 bigha 16 dhurs situated in Mauza- Akha, Tauzi No.604 in the district of Begusarai. According to the petitioners, a similar proceeding was initiated under section 145 of the Code at the behest of the opposite party no.2 Maheshwar Yadav relatable to the ve...
Tag this Judgment!Hari Kishore Verma Vs. the State of Bihar and Others
Court: Patna
Decided on: Mar-28-2014
J.N. Singh, J. 1. Due to perennial problem of flood in Koshi river, which causes serious devastation, the State Government decided to put up embankment on its both the flanks and took up a policy decision that persons whose lands were acquired for Koshi Project would be treated as displaced persons and would be given certain privileges including employment. The Government also took the policy decision that those, who had lands, houses and properties in between the two embankments of Koshi which were regularly ravaged by floods, would also be treated as displaced persons. 2. Since petitioner claimed that he had been affected by floods, he applied for being granted the privileges under the policy including employment. For this he obtained a certificate dated 09.07.1988 from the Mukhiya of Gram Panchayat, Dinapatti, who certified that petitioner was having a shop on some Gairmazaura land in between the embankments in a village which is regularly ravaged by floods. On the basis of this cer...
Tag this Judgment!Ashok Kumar Verma Vs. the State of Bihar Through Its Chief Secretary a ...
Court: Patna
Decided on: Mar-28-2014
J.N. Singh, J. 1. Petitioner is primarily aggrieved by a notification dated 11.11.1996 by which he has been promoted in the higher pay-scale of Senior Geologist with effect from 01.04.1992 whereas three persons, namely, Shyam Sunder Singh, Pradeep Kumar and Akhilesh Prasad, have been promoted with effect from 11.05.1990. 2. Learned counsel for the petitioner points out that from the final gradation list, as contained in Annexure-3, it would be evident that the said three persons are junior to the petitioner and had joined their service on dates later to the date of joining of the petitioner. 3. During the pendency of this writ application, representation of petitioner was considered and it was rejected which has also been brought on record through I.A. No.13536 of 1998, as Annexure-14, and the prayer in the interlocutory application has been made to challenge the rejection order also. The said interlocutory application is allowed. Petitioner is at liberty to challenge the said communic...
Tag this Judgment!Mansoor Alam and Others Vs. the State of Bihar
Court: Patna
Decided on: Mar-27-2014
1. All the three appellants namely Mansoor Alam, Riyasat Mian, Rameshwar Prasad have been convicted vide judgment dated 22.10.2011 for an offence punishable under Section 307/34 of the I.P.C. as well as Section 341 of the I.P.C. and each of them has been sentenced vide order dated 24.10.2011 to undergo rigorous imprisonment for five years under Section 307/34 of the I.P.C. as well as simple imprisonment for one month under Section 341 of the I.P.C. with further direction to run the sentences concurrently by the 4th Additional Sessions Judge, Gopalganj in Sessions Trial No.79/1996/216/2011. 2. PW-4 Kalamuddin, an injured, had given his fard-bayan at Baikunthpur State Dispensary on 28.07.1994 at about 11.00p.m., alleging inter alia that on the same day at about 8.00p.m. while he was taking meal at his Darwaja, Mansoor Alam, Riyasat Mian, Rameshwar Prasad came, began to abuse and having protest at their end, Riyasat Mian and Rameshwar Prasad caught hold while Mansoor Alam pave two Chhura ...
Tag this Judgment!Mohammad Usman @ Osia Vs. the State of Bihar
Court: Patna
Decided on: Mar-27-2014
1. The solitary appellant was charged with committing offence under Section 376 of the Indian Penal Code upon P.W. 4 at 12 in the night of 30th of September, 1988 and was tried by the learned 3rd Additional Sessions Judge, Bhagalpur, in Sessions Case No. 858 of 1990/Trial No. 57 of 1999. By judgment dated 09.07.1999, the learned trial Judge convicted the appellant of committing the offence and after hearing him on sentence on 21.07.1999 directed him to suffer rigorous imprisonment for seven years as also to pay a fine of Rs. 5,000/-, else, to suffer rigorous imprisonment for a further period of six months. The appellant has preferred the present appeal to question the propriety of his conviction and the appropriateness of the sentence passed upon him. 2. Prosecutrix, P.W. 4, was sleeping in her house in the night of the 30th of September, 1988. She was all alone her husband having gone to sleep at the Biri godown. It was stated by her that at about 12 in the night, the lady woke up fee...
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