Patna Court April 2014 Judgments
The State of Bihar and Others Vs. Pappu Bihari @ Pappu Sah and Others
Court: Patna
Decided on: Apr-30-2014
Anjana Prakash, J. 1. The Appellants of Cr. Appeal 437 of 2013 and 518 of 2013 have been convicted u/s 302 IPC and sentenced to death and also under Section 394 IPC and 27 of the Arms Act and sentenced to ten years and two years respectively with a fine of Rs.5,000/- . Death Reference is in regard to the same Appellants. Criminal Appeal No. 379 of 2013 and Government Appeal 19 of 2013 have been preferred by the Informant against the acquittal of initial accused Kamlesh Jha. The said Judgment was delivered by the 1st Additional Sessions Judge, Darbhanga, in Sessions Trial 441 of 2011 on 9th April, 2013. 2. The Fard-byan of Ram Pukar Rai, P.W-3 recorded at 8.20 P.M. at the place of occurrence, i.e. Soni Fuel Petrol Pump at Nehra, P.S. Manigachhi, Distt. Darbhanga, on 27.7.2011, is that on the date of occurrence, around 6.30 to 6.45 P.M. when he was checking the Diesel on the Tanker the nephew of the owner Jai Ram Choudhary i.e. Ashwani Kr. Chaudhary (deceased) and Daya Shankar Roy (decea...
Tag this Judgment!Chandrika Kurmi Vs. the State of Bihar
Court: Patna
Decided on: Apr-30-2014
1. Sole appellant Chandrika Kurmi has been found guilty for an offence punishable under Sections 20(c ), 22(c ) of the N.D.P.S. Act vide judgment dated 04.08.2009 and has been sentenced to undergo rigorous imprisonment for ten years as well as also fined Rs. One lac in default thereof, to undergo simple imprisonment for three years additionally, independently under both counts vide order dated 17.08.2009 by the Additional Sessions Judge-III-Cum-Special Judge, West Champaran, Bettiah in Shikarpur P. S. Case no.205 of 2002, Trial no.36 of 2002, G. R. No.2662 of 2002 has challenged the same under present appeal. 2. Manchun Prasad Singh (PW-10) filed written report disclosing therein that on 22.09.2002 at about 4.00 p.m., he received confidential information regarding assemblage of persons in the field at Sisai village for the purpose of sale-purchase of Ganja illegally, a raiding party was constituted and raid was conducted. As soon as, they had reached near school at village-Sisai, they ...
Tag this Judgment!Ramkeshwar Yadav and Another Vs. the State of Bihar
Court: Patna
Decided on: Apr-30-2014
1. Appellant Ramkeshwar Yadav is the father of appellant Khabil Yadav. Appellant Ramkeshwar Yadav was indicted of committing offences under Section 307 read with Section 109 of the Indian Penal Code while appellant Khabil Yadav was charged with committing offence under Section 307 of the Indian Penal Code for being put on trial in Sessions Trial No. 349 of 1992. The judgment was delivered by Fast Track Court “ III, Bhojpur on 4.6.2002 and the appellants were held guilty of committing the offences they had been charged with. When it came to passing sentence upon the appellants after hearing them under Section 235 of the Cr.P.C. the court appears not passing any sentence of Ramkehswar Yadav who had been convicted for committing offence under Section 307 read with Section 109 of the Indian Penal Code and passed sentence of rigorous imprisonment for seven years only against appellant Khabil Yadav. However on account of being convicted both the appellants have appealed to this Court a...
Tag this Judgment!Bharat Mali and Another Vs. New India Assurance Company Ltd and Anothe ...
Court: Patna
Decided on: Apr-30-2014
The claimants-appellants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) against the judgment and award dated 24.07.2004 and 6.08.2004 respectively passed by the Motor Accident Claims Tribunal-cum-Additional District Judge-5, Gaya in Motor Accident Claim Case No.26/98/39/98 by which the insurer-respondent nos. 1 to 3 have been directed to pay compensation of Rs.80,000/- to the claimants. However, the claimants have already received Rs.60,997/- by way of interim compensation, as such, the insurer-respondent nos. 1 to 3 have been directed to pay the balance amount of Rs.19,000/- with interest @ 6% per annum from the date of filing of the claim petition till its realization. The appellants filed the aforesaid Motor Accident Claims Case No.26/98/39/98 under Section 166 of the Act for grant of compensation to the tune of Rs.5,05,000/- due to death of their son Dipak Mali, aged about 14 years due to rash and negligent driving ...
Tag this Judgment!Dinesh Jha and Others Vs. the State of Bihar
Court: Patna
Decided on: Apr-30-2014
I.A. Ansari and S.P. Singh, JJ. 1. Under challenge, in the present appeals, are the judgment of conviction, dated 24.02.2014, passed, in Sessions Trial No. 238 of 2011, by the learned Sessions Judge, Vaishali, at Hajipur, and the order of sentences, dated 28.02.2014, whereby the appellants have been convicted under Sections 304B and 201 read with Section 34 of the Indian Penal Code. 2. Consequent upon their conviction under Section 304B read with Section 34 of the Indian Penal Code, the appellants have been sentenced to undergo imprisonment for life and also suffer, for their conviction under Section 201 read with Section 34 of the Indian Penal Code, simple imprisonment for seven years and pay fine of Rs. 10,000/-(Ten thousand) each and, in default of payment of fine, undergo imprisonment for one year. Both the sentences have been directed to run concurrently. 3. These two appeals, having impugned the same judgment of conviction, dated 24.02.2014, and the order of sentences, dated 28.0...
Tag this Judgment!M.S. Saxena Vs. State of Bihar and Another
Court: Patna
Decided on: Apr-29-2014
1. Petitioner has asked for the following relief:- œThat this petition is directed for issuance of a writ in the nature of certiorari for quashing Complaint Case No. 1134 (C) 2001 and the Cognizance dated 31.07.2001 taken under Section 406/120B IPC against the respondent and other two persons named in the Complaint petition who are foreign Citizens.? 2. In spite of notice, private respondents did not chose to appear nor learned State counsel made his appearance on the date of hearing, as a result of which only the petitioner has been heard. 3. Complaint Petition No. 1134(C)/2001 was filed by Front Line Industry Private Limited through its Director (Respondent No.2) against M/S Water Guard Cable Products Private Limited, MS Saxena, Administrative Officer as well as Director of Water Guard Cable Products Private Limited, Mathew M. Freeman, President and Chief, Water Guard Cable Products Private Limited, Mr. Leon Varkaraayenburg President, Water Guard Cable Products Private Limited ...
Tag this Judgment!Sipahi Ram@sipahi Paswan Vs. the State of Bihar
Court: Patna
Decided on: Apr-29-2014
1. Appellant, Sipahi Ram @ Sipahi Paswan has been found guilty for an offence punishable under Section 412 of the IPC while appellant, Vijay Koiri has been held guilty for an offence punishable under Section 395 of the IPC vide judgment dated 29.02.2012 and both have been directed to undergo R.I. for 10 years along with fine of Rs. 5,000/- in default thereof, to undergo S.I. for six months additionally, independently, vide order dated 02.03.2012 passed by Additional Sessions Judge-FTC-IV, Sasaram in Sessions Trial No. 282/1991/198/2010, the subject matter of instant appeal. 2. PW-6, Ram Pravesh Tiwari had recorded his Fard-e-beyan on 22.09.1990 at about 12:30 p.m. at his house lying at village-Karmaini, P.S. Natwar, Distt-Rohtas before O/C, Natwar P.S. disclosing therein that unknown dacoits have raided his house in the preceding night of 21.09.1990 at 11:00 p.m. and took away all their belongings and he had detailed the detailed articles in the Fard-e-beyan itself. He had further clai...
Tag this Judgment!Nathuni Mehta and Another Vs. the State of Bihar
Court: Patna
Decided on: Apr-29-2014
1. Three accused persons, i.e., the two appellants, spouses between themselves and their son Parmod Mehta, were put on trial by the learned 4th Additional Sessions Judge, Aurangabad after being charged with committing offences under Sections 304B and 302/34 of the Indian Penal Code. By judgment dated 18th March 1997, they were held guilty of committing the offence only under Section 304B of the Indian Penal Code. They were heard on sentence on 19.3.1997 and each of them was directed to suffer rigorous imprisonment for seven years. While the two appellants Nathuni Mehta and his wife Fulwa Devi preferred this appeal jointly, their son Promod Mehta separately preferred Criminal Appeal (SJ) No. 129 of 1997, but it appears that while he was languishing in prison he died there and his appeal stood abated on that account as may appear from the order of the Court passed on 22.4.2014. 2. Some of the undisputed facts were that the deceased Sitawa Devi was married to Pramod Mehta sometimes in the...
Tag this Judgment!Sanjay Kumar Sinha @ Babloo and Another Vs. State of Bihar
Court: Patna
Decided on: Apr-29-2014
1. No one appears on repeated calls and in spite of sending words and the peon for informing the counsel whose names appear in the list, no one turned up. I have heard Sri Sujit Kumar Singh, learned Additional Public Prosecutor and have perused the record myself for delivering the judgment. 2. The two appellants were put on trial by being charged with committing offences under Sections 307 and 450 IPC and by judgment of conviction and order of sentence both dated 18.0.2.2002 they were held guilty of committing offences under Sections 307 and 448 IPC and each of them was directed to suffer rigorous imprisonment for three years as also to pay a fine of Rs.1,000/- each under Section 307 IPC and in case of making default in paying the fine, was directed further to undergo rigorous imprisonment for six months each. Each of the two appellants was also directed to suffer rigorous imprisonment for six months on account of being convicted under Section 448 IPC. 3. The two appellants have prefer...
Tag this Judgment!Narad Panday Vs. the State of Bihar and Others
Court: Patna
Decided on: Apr-28-2014
This Petition under Article 226 of the Constitution is filed by one Narad Pandey, an officer in Judicial Service of the State of Bihar, against the Government Notification dated 16th December 2010 issued in exercise of power conferred by Rule 74(b)(ii) of the Bihar Service Code. Under the said Notification, the petitioner has been compulsorily retired in public interest. In lieu of notice, the petitioner was ordered to be paid three months pay and allowances. The petitioner was appointed as a Munsif in Bihar Civil Service (Judicial Branch) in 1989 after due selection by the Bihar Public Service Commission. From 1989 till 2010, the petitioner continued to serve in the cadre of Munsif. The case of the petitioner for compulsory retirement in public interest was taken up by the High Court in 2009, the petitioner having crossed the age of 50 years and having reached the age of 53 years. Pursuant to the recommendation made by the High Court, the petitioner was retired from service in public ...
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