Patna Court March 2014 Judgments
Ravindra Singh Vs. the State of Bihar
Court: Patna
Decided on: Mar-13-2014
1. Sole appellant Ravindra Singh, who has been found guilty for an offence punishable under Section 25(1-B) a of the Arms Act and directed to undergo R.I. for three years as well as also fined of Rs.500/- in default thereof to undergo R.I. for one month additionally vide judgment of conviction and sentence dated 15.01.2013 rendered by Ad-hoc Additional Sessions Judge, IIIrd, Munger has challenged the same. 2. PW-2, Rakesh Kumar, Officer-in-charge of Hemzapur O.P. recorded his self-statement on 30.01.2012 at about 05:00 A.M. at Durgapur Middle School alleging inter alia that on the same day at about 03:00 A.M. he received confidential information with regard to assemblage of anti-social elements at Durgapur Middle School who were planning to commit an offence, constituted a raiding party and conducted raid during course of which all the other accused managed to escape while appellant Ravindra Singh was apprehended. From his possession one country made loaded pistol along with two, .315 ...
Tag this Judgment!Sito Mehta and Others Vs. State of Bihar
Court: Patna
Decided on: Mar-13-2014
1. Eight appellants were put on trial after being charged with the commission of offences under Sections 147, 323 and 436 of the IPC by the learned Sessions Judge, Saharsa in Sessions Trial No.140 of 1994. By judgment dated 13.06.2002, appellant Sito Mehta was held guilty of committing offence under Section 436 IPC while the remaining seven appellants were convicted of offences under Sections 147, 323 and 448 of the Penal Code. The appellants were heard on sentence on 22.06.2002 and while Sito Mehta was directed to suffer rigorous imprisonment for six months, appellant nos.2 to 8 were directed to be released on execution of bond of Rs.1,000/-each for keeping peace and being good behaviour for a period of one year. The judgment of conviction and order of sentenced passed by the learned Sessions Judge, Saharsa has been questioned by the appellants by preferring the present appeal. 2. Mahavir Mehta, the informant of the case, gave his fardbeyan before P.W.8 S.M.Zikrullah, Sub-Inspector of...
Tag this Judgment!Ram Prit Rai and Others Vs. the State of Bihar
Court: Patna
Decided on: Mar-13-2014
1. The present appeal is directed against the judgment of conviction and order of sentence dated the 21st of July, 2001, passed by the learned 7th Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 127 of 1996 by which appellants Harendra Rai and Shiv Rai were held guilty of committing offences under Sections 148, 326 and 324 of the Indian Penal Code and were directed to suffer rigorous imprisonment for six months each under each of Sections 148 and 324 of the Indian Penal Code and an other term of rigorous imprisonment for a period of two years under Section 326 of the Indian Penal Code. Both of them were also directed to pay a fine of Rs. 100/- each for being held guilty under Section 326 of the Indian Penal Code. The amount of fine appears paid by the two appellants. As regards appellants Ram Prit Rai, Shanker Rai and Baiju Rai they were found guilty of committing offences under Sections 147 and 323 of the Indian Penal Code and each of them was directed to suffer rigor...
Tag this Judgment!Ram Sagar Sharma Vs. State of Bihar and Others
Court: Patna
Decided on: Mar-13-2014
1. Petitioner has asked for quashing of FIR of Sitamarhi P.S. Case No. 351/2010 by way of filing instant writ petition. 2. With regard to apprehension of Maoist regarding which confidential information was received, a raiding party was constituted and house of Bhola Sah was cordoned in between night of 15/16.07.2005 and during course thereof, firing was also effected perceiving coming out of members of extremist group resulting casualty of Seema Devi as well as Parvati Devi. During course of search, Rakesh Kumar s/o of Bhola Sah along with Chandan Kumar were apprehended along with recovery of cartridges of different bores,country made pistol, charger for which Sitamarhi P.S. Case No. 408/2005 was registered on the statement of petitioner, Ram Sagar Sharma who was the then Officer-in-charge of Sitamarhi P.S. During midst of investigation, the Government entrusted the investigation to CID who, after concluding the same filed final report. Simultaneously, also observed that Sitamarhi P.S....
Tag this Judgment!Munna Kumar Lohani and Another Vs. the State of Bihar
Court: Patna
Decided on: Mar-12-2014
1. The present appeal has been preferred by the two appellants who were put on trial in Sessions Case No. 295 of 1997 by the learned Presiding Officer, Additional Court (Fast Track Court), Munger after being charged with committing offence under Sections 304 Part-I and 323 of the Indian Penal Code with another accused Malti Devi. By the judgment dated 04.06.2002 the two appellants were found guilty only of committing offence under Section 304 Part-I of the Indian Penal Code and after being heard on sentence on 05.06.2002 each of them was directed to suffer rigorous imprisonment for a period of seven years. As regards the other accused Malti Devi who was facing trial with the two appellants, she was acquitted of the charges. The appellants were also acquitted of charge under Section 323 of the Indian Penal Code. 2. In the background of admitted dispute and enmity for a wall which appears erected by using mud to fix the bricks, the allegation was that there had been some dispute between ...
Tag this Judgment!Rajendra Barai @ Rajendra Bhagat Vs. State of Bihar
Court: Patna
Decided on: Mar-12-2014
1. The appellant was put on trial with two others, namely, Ramesh Bhagat and Ram Bilas Bhagat by being charged with offences under Sections 307/34 and 379 of the IPC by the learned Presiding Officer, Fast Track Court, Chapra in Sessions Trial No.135 of 1988/220 of 2002. While the two accused persons, namely, Ramesh Bhagat and Ram Bilash Bhagat were acquitted of the charges by the learned trial Judge by the impugned judgment dated 16.05.2002, the present appellant Rajendra Barai @ Rajendra Bhagat was held guilty of committing the offence only under Section 307 of the IPC. The appellant was heard on the quantum of sentence to be inflicted upon him on 21.05.2002 and the learned trial Judge directed him to suffer rigorous imprisonment for ten years as also to pay a fine of Rs.1,000/- else to suffer rigorous imprisonment for a further period of one month. The appellant had chosen to challenge the above judgment of conviction and order of sentence passed against him through the present appea...
Tag this Judgment!Sk. Abdul Halim @ Sk. Halim and Others Vs. the State of Bihar
Court: Patna
Decided on: Mar-12-2014
1. This appeal had appeared before this Bench on the 10th of March, 2014 and finding that the parties who were own brothers and nephews between them had decided to compromise the offence, the Court had directed the listing of the appeal today so that the parties could be in a position to take steps for filing necessary petitions. 2. Three petitions have been filed today. The first is by way of informing the Court that appellant no. 4, namely, Shakil Ahmad @ Sk. Shakil had died. The affidavit has been sworn by appellant no. 6, namely, Sk. Md. Mustafa @ Sk. Mustafa who happened to be the very family member of the deceased appellant. In view of the affidavit and the information, the appeal as for appellant no. 4 Shakil Ahmad @ Sk. Shakil stands abated. The appeal now survives only for appellant nos. 1, 2, 3, 5 and 6. 3. Appellant nos. 1, 2, 3 and 5 have been convicted under Sections 147 and 323 of the Indian Penal Code and have been directed to undergo rigorous imprisonment for six months...
Tag this Judgment!Pappu Goswami and Another Vs. the State of Bihar
Court: Patna
Decided on: Mar-12-2014
1. Learned counsel Mr. Ram Sumiran Rai appeared and submitted that his client has already taken no objection from him, therefore, his name should not figure furthermore. However, due to absence of counsel for appellants, assistance of learned Amicus Curiae has already been sought for. 2. Cr. Appeal No. 763/2011 happens to be on behalf of appellant Pappu Goswami who has been found guilty for an offence punishable under Sections 304B of the IPC by the Additional Sessions Judge-FTC-5th , Jamui vide judgment dated 20.05.2011 and sentence dated 24.05.2011 directing to undergo RI for ten years in connection with Sessions Trial No. 903/2004/74/2009 is the husband of deceased Munni Devi who met with dowry death on 27/28.05.2004 at her Sasural lying at village-Nawadih for which her mother Laxmi Devi (PW-7) had launched prosecution as a result of which Khaira P.S. Case No. 97/2004 had originated. It is evident that after completion of investigation two separate charge-sheets were submitted by th...
Tag this Judgment!Birendra Rao and Others Vs. the State of Bihar
Court: Patna
Decided on: Mar-11-2014
1. The batch of three appeals arises out of judgment dated 17.04.2002, passed by Fast Track Court, I, Bettiah in Sessions Trial No. 8 of 1986 by which each of the appellants of the three appeals was held guilty of committing offence under Section 364/34 of the Indian Penal Code and was directed to suffer rigorous imprisonment for seven years. 2. A petition of complaint was filed by P.W. 3 Sukai Raut before the Sub-divisional Judicial Magistrate, Bagaha, copy of which was transmitted to Lauria Police Station for investigation under Section 153(3) of the Code of Criminal Procedure. This was how the First Information Report of the case (Ext. 1) was drawn up and the investigation was proceeded with. The two accused persons, namely, Dhuri Ahir and Budhram Raut were sent up for trial while two others, namely, Motichand Koiri and Bhuneshwar Koiri were not sent up for trial and their names appeared in column no. 2 of charge-sheet. Budhram Raut died during the pendency of the trial and proceedi...
Tag this Judgment!Dablu Singh and Another Vs. State of Bihar
Court: Patna
Decided on: Mar-11-2014
1. The present criminal appeal challenges the judgment of conviction and order of sentence dated 16.05.2002 and 21.05.2002 respectively passed by the learned Presiding Officer, Fast Track Court, Munger in Sessions Trial No.237 of 1997 by which the two appellants were convicted of offence under Section 395 IPC and each of them was directed to suffer rigorous imprisonment for seven years as also to pay a fine of Rs.2,000/- else to suffer rigorous imprisonment for a further period of six months. 2. There is no dispute in the fact that dacoity was committed in the house of Arun Kumar Sharma (P.W.1) in the night intervening the 1st and 2nd of November, 1996 at about 2 A.M. There were about 6-7 dacoits who had entered inside the house being armed variously including guns and after getting the doors of the house opened plundered the house. During course of dacoity, the mother of P.W.1 was also assaulted and she was forced to hand over the ornaments which were stored in an Almirah, as per the ...
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