Patna Court March 2014 Judgments
Bunni Khatoon Vs. the State of Bihar
Court: Patna
Decided on: Mar-11-2014
1. Appellant Bunni Khatoon was tried with co-convict Md. Iliyas by the learned Additional Sessions Judge, III Court, Jehanabad after being charged with committing offence under Section 372 of the Indian Penal Code and by judgment dated 21.03.2001 was held guilty of committing that offence. The learned trial Judge heard the appellant under Section 235 of the Code of Criminal Procedure on sentence and directed her to suffer rigorous imprisonment for a period of six years. Appellant Bunni Khatoon challenges the judgment of conviction and the order of sentence passed against her by preferring the present appeal. 2. P.W. 8 Baby Devi was the daughter of informant Chaurasiya Devi (P.W. 1). It appears from the First Information Report that she was found missing while she had gone to a well to take her bath. Hectic search was made for her but she could not be found out. The informant stated in her Fardbeyan that reporting to the police would have caused denting of the family prestige in the est...
Tag this Judgment!Kanhaiya Dubey and Others Vs. State of Bihar
Court: Patna
Decided on: Mar-11-2014
1. The present appeal is directed against the judgment of conviction and order of sentence dated 21.03.2002 passed by the learned 2nd Additional Sessions Judge, Buxar in Sessions Trial No.22 of 1982, by which the four appellants were held guilty of committing offence under Section 395 of the IPC and were directed to suffer rigorous imprisonment for seven years. 2. A dacoity appears committed in the night of 13.09.1974 in the house of P.W.4 Rash Bihari Prasad. As per his story, some persons were seen scaling over the upper floor of the house by the informant and his brother. His brother removed the bamboo ladder which was placed by the dacoits for getting on to the first floor of the house and the elder brother of the father of the informant who had questioned the entry of the dacoits, as per the allegation, was ordered to be shot dead by appellant Kanhaiya Dubey upon which Jhabuli Ahir @ Jhabali Yadav fired the shot as a result of which the deceased Lalla Sah was injured and died on th...
Tag this Judgment!Ratindra Nath Basu Rai Vs. State of Bihar
Court: Patna
Decided on: Mar-10-2014
1. The appellant was tried by the learned Special Judge, CBI, South Bihar, Patna in Special Case No.68 of 1986 arising out of R.C.Case No.33 of 1986 and by judgment dated 20.12.1999, was found guilty of committing offence under Section 5(1)(c) and 5(1)(d) punishable under Section 5(2) of the Prevention of Corruption Act, 1947 as also offences under Sections 409 and 467 of the IPC. After being heard on sentence, he was directed to suffer rigorous imprisonment for two years on each of the above three counts. The sentences were directed to run concurrently. 2. The facts admitted and those appearing from evidence appear that the National Aluminum Corporation Limited(NALCO) had awarded contract to construct A type quarters for its NALCO Nagar, Orissa to M/S East India Construction Company, Chass, Dhanbad. It appears from the evidence of P.W.7 and other witnesses, like, P.W.10 N.S.Rao that the M/S East India Construction Company, Chass, Dhanabad( construction company for short) had been awar...
Tag this Judgment!Makun Sah and Another Vs. the State of Bihar
Court: Patna
Decided on: Mar-10-2014
1. This appeal is directed against the judgment of conviction dated the 30th of November, 1998 by which appellant Makun Sah was held guilty of committing offence under Section 307 of the Indian Penal Code whereas appellant Mangal Sah was convicted of committing offence under Section 307/34 of the Indian Penal Code. The two appellants were heard on sentence on 01.12.1998 and each of them was directed to suffer rigorous imprisonment for seven years for their respective conviction. It is the joint appeal by the two appellants to challenge the judgment of conviction and order of sentence passed against them. 2. The facts of the case are narrated in Ext. 3, the Fardbeyan of P.W. 10 Indu Devi. It was recorded while the lady was hospitalized in M.J.K. Hospital, Bettiah on 14.03.1997. It was stated by P.W. 10 that in the last Shravan-month she had been assaulted by Thag Sah and others and she had filed a case which was pending in any Court in Bettiah. The accused persons were pressurizing her ...
Tag this Judgment!Dooly Kumari and Another Vs. the State of Bihar
Court: Patna
Decided on: Mar-07-2014
In this writ application petitioners have challenged the orders of the District Program Officer dated 26.02.2010, 14.09.2009 and 29.09.2009, as contained in Annexure-3, 8 and 8/1 respectively; the order of the District Magistrate dated 18.01.2011 and the order of the Commissioner dated 27.07.2011, as contained in Annexure-7. By the impugned orders, petitioners have been removed from the post of Anganwari Sevika and Sahayika which orders have been confirmed by the higher authorities. The submission of learned counsel for the petitioners is that the orders were issued by the District Program Officer on the direction of the Director, contained in his letter no.2783 dated 16.10.2009, in which, on the basis of inspection reports, he had directed the District Program Officer to take action of disengagement of the petitioners and others and report compliance to the Directorate. He submits that firstly the inspection report was never served on the petitioner and secondly that the notice which ...
Tag this Judgment!Tun Tun Sah and Other Vs. the State of Bihar
Court: Patna
Decided on: Mar-07-2014
1. None appears on behalf of the appellants in Cr. Appeal (SJ) No. 216 of 2002. Heard Mr. S. S. P. Yadav, learned counsel appearing on behalf of the appellant in Cr. Appeal (SJ) No. 369 of 2002, and Mr. Sujit Kumar Singh, learned Additional Public Prosecutor for the State in both the appeals. 2. The two appeals arise out of a judgment dated 10.04.2002 by which the two appellants of Criminal Appeal No. 216 of 2002 and the solitary appellant of Criminal Appeal No. 369 of 2002 were held guilty of committing offence under Section 436 of the Indian Penal Code. Appellants Tun Tun Sah and Shivji Mishra, after being heard on sentence, were directed to suffer rigorous imprisonment for seven years while appellant Rohit Sah was directed to suffer rigorous imprisonment for five years. The appellants have questioned the judgment of conviction and order of sentence passed against them by preferring the two appeals. 3. Informant Ram Bahadur Sharma, P.W. 16 lodged a written report stating that while h...
Tag this Judgment!Employees' State Insurance Corporation through Its Regional Director, ...
Court: Patna
Decided on: Mar-07-2014
1. The appellants have preferred this appeal under Section 82(2) of the Employees State Insurance Act, 1948 (hereinafter referred to as the 'Act' ) against the judgment and order dated 22.12.2008 passed by the Presiding Officer of ESI Court, Patna in ESI Case No. 2 of 1998. In this appeal the appellants have raised the following questions for consideration:- (i) Whether the impugned judgment is contrary to the law laid down by the HonŸble Supreme Court in the case of ESI Corporation vs. C. C. Santhakumar, reported in (2007) 1 SCC 584. (ii) Whether the demand was time barred under Section 77(1-A) of the Act ? 2. The case of the petitioner-respondent is that the petitioner is Managing Director of Anurag Cinema Private Ltd, Mahalpar, Biharsharif registered under Bihar Shop and Establishment Act, 1953. Routine inspection has been made by the ESI Insurance Corporation but in the year 1982 the petitioner was asked by the Corporation to file a declaration in Form-01. In pursuant to that ...
Tag this Judgment!Md. Halim and Others Vs. State of Bihar
Court: Patna
Decided on: Mar-06-2014
1. None appears today also on behalf of the appellants. 2. Sri Jitendra Kumar Roy-I, Advocate is present in Court. He has been requested by me to assist the Court as Amicus Curiae to which he has readily agreed. 3. The three appellants were charged with commission of offences under Sections 307 and 341 of the Indian Penal Code and were put on trial by the learned 3rd Additional Sessions Judge, Muzaffarpur in Sessions Trial No.266 of 1993. By judgment dated 21.09.2000, they were acquitted of the charges, they had been indicted of and in the alternative were held guilty under different Sections of the Penal Code. Appellant Md. Halim was convicted of an offence punishable under Section 324 of the IPC and was directed to suffer rigorous imprisonment for one year whereas the remaining two appellants, namely, Md. Nizam and Md. Islam were found guilty of committing the offence under Section 323 of the IPC. As appears from the impugned judgment, there was no period specified for Md. Nizam who ...
Tag this Judgment!Arjun Rajak Vs. the State of Bihar
Court: Patna
Decided on: Mar-06-2014
1. None appears today also on behalf of the appellants. The Court has requested Sri Neeraj Kumar Sanidh who is present in Court room to assist it as Amicus Curiae. 2. The present appeal arises out of the judgment of conviction dated 14.08.2000 by which the learned 1st Additional Sessions Judge, Munger held the present appellant, Arjun Rajak as also Jagdish Rajak, Dularchandra Rajak, Sahadeo Rajak and Dilip Rajak guilty of committing offence under Section 323 of the Indian Penal Code. It may be pertinent to note that the present appellant along with the above named four others had been put on trial by the learned Judge by being charged with commission of offences under Sections 307/149, 448, 323 of the Indian Penal Code. The appellant and other accused persons were acquitted of all the charges except that of under Section 323 of the Indian Penal Code. After hearing the convicted persons under Section 235 of the Code of Criminal Procedure, the learned Judge directed each of them to execu...
Tag this Judgment!Suresh Yadav and Another Vs. the State of Bihar
Court: Patna
Decided on: Mar-06-2014
1. Considering the fact that both these appeals have been admitted and both sides have agreed that the appeals may be heard and disposed of, we have decided to take up the appeals for hearing and decision. 2. We have heard Mr. Baxi S.R.P. Sinha, learned Senior Counsel, and Mr. Sumeet Kumar Singh, learned Counsel, appearing for the appellants. Heard also Mr. G.P. Jaiswal and Mr. Abhimanyu Sharma, learned Additional Public Prosecutor for the State. 3. Both the appeals, namely, Criminal Appeal (DB) Nos. 664 of 2013 and 471 of 2013, are directed against the judgment, dated 29.04.2013, passed by the learned 2nd Additional Sessions Judge, Bagaha (West Champaran), in Sessions Trial No. 389 of 1998, whereby both the appellants have been convicted under Section 302 read with Section 34 of the Indian Penal Code. Following their conviction, as mentioned hereinbefore, the appellants have been sentenced, vide the impugned order, dated 04.05.2013, to undergo imprisonment for life and pay fine of Rs....
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