Patna Court March 2014 Judgments
Mostt. Safeda Kuer and Another Vs. Sumitra Devi and Others
Court: Patna
Decided on: Mar-27-2014
The present First Appeal has been filed by the plaintiff- appellant herein against the judgment and decree dated 28th September, 1974 passed in Title Suit No. 73/21 of 1966/1970 by the learned 1st Additional Sub-Judge, Sasaram. The plaintiff-appellant herein had brought the aforesaid title suit seeking partition of the suit lands, detailed in Schedule-A and B of the plaint, and for allotment of half share by appointment of a Pleader Commissioner, besides other incidental relief. The suit was contested by some of the defendants by filing their written statement and producing their witnesses. Finally, by the impugned judgment and decree, the suit brought by the plaintiff- appellant herein was dismissed on contest with costs against the contesting defendants and ex-parte without costs against the rest of the defendants. During the pendency of the appeal, sole appellant Most Safeda Kuer died on 22.02.1987 leaving behind her three daughters as her heirs and legal representatives. After abou...
Tag this Judgment!Sunil Singh and Another Vs. the State of Bihar
Court: Patna
Decided on: Mar-26-2014
I.A. Ansari and S. P. Singh, J.J. 1. Heard Mr. Ramakant Sharma, learned Senior Counsel for the appellants, and Mr. S.C. Mishra, learned Additional Public Prosecutor for the State. 2. Considering the peculiar facts and circumstances of the present case, we have taken up the appeal, with the consent of the learned counsel for the parties appearing before us, for hearing. The appeal is, accordingly, heard. 3. By judgment, dated 20.03.2013, passed, in Sessions Trial No. 343 of 2010, by learned 1st Additional Sessions Judge-cum-Special Judge, Gopalganj, the present two appellants, namely, Radha Baitha and Sunil Singh, stand convicted under Section 302 and Section 201 read with Section 34 of the Indian Penal Code. Following their conviction under Section 302 read with Section 34 of the Indian Penal Code, as mentioned hereinbefore, the appellants have been sentenced, vide impugned order, dated 23.03.2013, to undergo imprisonment for life and pay fine of Rs.10,000/- each and, in default of pay...
Tag this Judgment!Sheikh @ Md. Safil Vs. the State of Bihar
Court: Patna
Decided on: Mar-26-2014
1. Sole appellant Sheikh @ Md. Safil who has been found guilty for an offence punishable under Section 376 IPC vide judgment dated 23.08.2010 and directed to undergo R.I. for 10 years as well as also slapped with fine appertaining to Rs.25,000/- in default thereof to undergo S.I. for two years additionally vide order dated 26.08.2010 by First Additional Sessions Judge, Katihar in Sessions Trial No. 121 of 2008 has preferred instant appeal. 2. PW-6, Manjari Khatoon filed written report on 22.08.2007 with an allegation that in between night of 11/12.08.2007 while she was asleep after locking the door, Sheikh @ Md. Safil who happens to be her father-in-law opened the door, intruded inside her room, pounced upon her and committed rape. After satisfying him he came out from her room. She, after coming out from her room had gone to her great father-in-law Md. Yasin and disclosed the incidence whereupon he had instructed not to disclose the occurrence to anybody and in lieu thereof she will b...
Tag this Judgment!Amrendra NaraIn Singh Vs. State of Bihar and Others
Court: Patna
Decided on: Mar-26-2014
1. On an earlier count analogous hearing of Cr.W.J.C. No.849/2010, Cr.W.J.C No.647/2010, Cr.W.J.C. No.1148/2010, Cr.W.J.C. No.24/2012 and Cr.W.J.C. No. 1152/2010 were directed but in due course of time, save and except Cr.W.J.C. No. 849/2010 none survived as Cr.W.J.C No. 24/2012 was withdrawn being infructuous vide order dated 22.09.2013, Cr.W.J.C. No. 647/2010 was dismissed for default vide order dated 19.02.2011, Cr.W.J.C. 1148/2010 was disposed of vide order dated 08.01.2014, Cr.W.J.C. No.1152/2010 was disposed of vide order dated 04.07.2013. 2. Heard learned counsel for the petitioner as well as learned GA-11 for the State. 3. Petitioner has prayed for following relief under para-1:- 1. That, this is an application for issuance of an appropriate writ, order, direction for setting aside the F.I.R. being Araria P.S. Case No. 283 of 2010 dated 24.06.2010 under Sections 406, 409, 420, 467, 468 and 120B of the Indian Penal Code, as the entire allegation made in the First Information Rep...
Tag this Judgment!Dinanath Tiwary and Others Vs. State of Bihar
Court: Patna
Decided on: Mar-26-2014
1. The present appeal has been preferred by the three accused who were put on trial by being charged with committing offences under Sections 307, 324 and 341 of the IPC, against the judgment of conviction and order of sentence dated 07.02.2002 by which appellants Dinanath Tiwary and Manoj Kumar Tiwary were held guilty of committing offences under Sections 324 of the IPC while appellant Binod Tiwary was held guilty of committing offence under Section 323 of the IPC after they had been acquitted of the charge under Sections 307 and 341 of the IPC. After being heard on sentence appellants Dinanath Tiwary and Manoj Kumar Tiwary were directed to suffer rigorous imprisonment for one year while appellant no.2 Binod Tiwary was sentenced to rigorous imprisonment for three years. 2. As per the prosecution case, contained in Ext-4 the fardbeyan of P.W.5 Rajeshwar Pandey, he was fencing his land near his house when appellant Dinanath Tiwary came and asked the reason for putting up the fence around...
Tag this Judgment!Deoki Rai and Others Vs. State of Bihar
Court: Patna
Decided on: Mar-26-2014
1. The present appeal arises out of the judgment dated 21.03.2002 passed by the learned 4th Additional Sessions Judge, Samastipur in Sessions Trial No.406 of 1998 by which the learned Judge held the appellants Deoki Rai, Raj Kumar Rai and deceased appellant Sitiya Devi alias Sarswati Devi guilty of committing offences under Sections 323, 452, 307/34 and 325 of the IPC and directed them to suffer rigorous imprisonment of one year each for being convicted under Section 323 of the IPC, rigorous imprisonment of seven years each as also to pay a fine of Rs.5,000/- each for being convicted under Section 452 of the IPC. In case of non-payment of fine each of the appellants was directed to suffer rigorous imprisonment for a further period of one year. As regards the sentences passed upon the appellants for being convicted under Section 307/34 and 325 of the IPC, they were to suffer terms of rigorous imprisonment of ten years and seven years respectively on each of the two counts and were also ...
Tag this Judgment!Md. Ulfat @ Md. Nashim @ Md. Ulfad Nashim Vs. the State of Bihar
Court: Patna
Decided on: Mar-26-2014
1. In spite of calling out of instant appeal, learned counsel for the appellant did not turn up and on account thereof, Shri Shrinath Manjhi has volunteered to assist the court as Amicus Curaie. 2. Sole appellant Md. Ulfat @ Md. Nashim @ Md. Ulfad Nashim, who has been found guilty for an offence punishable under Section 304(B) read with Section 34 of the IPC vide judgment dated 05.11.2011 and sentenced to undergo R.I. for 10 years vide order dated 09.11.2011 by Additional Sessions Judge, FTC-IInd, Madhubani in Sessions Trial No.31 of 2010 preferred instant appeal. 3. Md. Musafir (PW-4) filed written report before the Officer-in-charge, Madheypur alleging inter alia that his daughter Zaheera Khatoon was married on 13.06.2007 with Md. Ulfat, son of Md. Panchayati Miayan @ Md. Rashid of village-Purani Pokhar. In spite of having been gifted according to their means, her Sasuralwala advanced demand of Rs.10,000/- and for that her (daughterŸs) Nanad Jumani Khatoon and her mother-in-law,...
Tag this Judgment!New India Assurance Company Limited Vs. Tufail Ahmad and Others
Court: Patna
Decided on: Mar-26-2014
This appeal is directed against the judgment and award dated 31.07.2007 passed by the learned Additional District Judge, FTC.III-cum-Motor Accident Claims Tribunal, Samastipur in Claim Case No.7/1994 by which the appellant has been directed to pay a sum of Rs.2,85,000/- with interest. The case of the claimant, in brief, is that on 29.07.1993 Anwar Ahmad Sabri @ Mohini Babu (original Respondent No.1) was going from Samastipur to Satanpur by Maxi Tata 407 bearing registration no. BR-33P-2507. It was being driven rashly and negligently and dashed against the Jeep coming from opposite direction, as a result of which, the right hand of claimant was cut and fell down, even then, Tata Maxi was not stopped by the Driver and it reached Satanpur. The injured was brought to the Nursing Home and his right hand was amputated by the doctor in operation. The FIR (Ext.3) was lodged as Mushrigharari P.S. Case No.53/1993 under Sections 279, 337, 338, 427 of the Indian Penal Code. A petition was filed un...
Tag this Judgment!Darogi Yadav and Another Vs. the State of Bihar
Court: Patna
Decided on: Mar-25-2014
1. In Cr. Appeal no.454 of 2013, Darogi Yadav happens to be the appellant while in Cr. Appeal no.663 of 2011, Kapil Yadav happens to be the appellant. Before coming to adjudicate upon the matter, it looks worthwhile to mention that on account of filing of Complaint Case no.63 of 2003 against both the appellants named above by Guriya Devi, Laxmipur (Gidhour) P. S. Case no.08 of 2003 was registered under Section 376/ 34 of the I.P.C. as directed by the learned Chief Judicial Magistrate, Jamui in terms of Section 156(3) of the Cr.P.C.. The investigation commenced concluded and consequent thereupon, both the appellants were put on trial on account of submission of charge sheet. 2. During conduction of trial up-till the stage of statement of accused, both the appellants have their physical presence, but subsequently thereof, Darogi Yadav escaped resulting cancellation of bail bonds as well as bifurcation of trial. Appellant Kapil Yadav was proceeded with the main trial bearing Sessions Tria...
Tag this Judgment!Rabi Singh @ Rabindra Singh and Others Vs. the State of Bihar
Court: Patna
Decided on: Mar-25-2014
1. Thirty seven accused persons were put on trial by the learned 7th Additional Sessions Judge, Munger in Sessions Trial No. 349 of 1986 by being charged with commission of offences under Sections 435 read with Section 149 of the Indian Penal Code, two of them being specifically charged with commission of offence under Section 435 of the Indian Penal Code and those two are appellants Rabi Singh @ Rabindra Singh and Arun Singh. By judgment dated the 20th of July, 1995, 34 out of 37 accused were acquitted of the charges and three, namely, the two appellants along with deceased-appellant Dhano Singh, whose appeal abated as appears from Courts order dated 11.03.2014, were held guilty of committing offences under Sections 435/149 of the Indian Penal Code. While the deceased-appellant was released after execution of a bond of Rs. 5,000/- under Section 360 of the Code of Criminal Procedure on account of his matured old age, the two appellants, namely, Rabi Singh @ Rabindra Singh and Arun Sing...
Tag this Judgment!- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- 7
- Next ›
- Last »