Patna Court April 2014 Judgments
ishwar Mahto @ Isho Mahto Vs. State of Bihar
Court: Patna
Decided on: Apr-25-2014
1. The solitary appellant was put on trial by the learned Additional Sessions Judge-VI, Begusarai after being indicted of committing offences under Sections 353 and 307 IPC in Sessions Trial No.175 of 1994 and by judgment of conviction dated 08.07.2002 was held guilty of committing the two offences. The appellant was heard under Section 235 Cr.P.C and was directed to pay a fine of Rs.1,000/- for being convicted under Section 353 IPC, else to suffer rigorous imprisonment for 15 days. As regards the conviction of the appellant under Section 307 IPC, he was directed to suffer rigorous imprisonment for two years. The sentences were directed to run concurrently. The appellant has come up before this Court through the present appeal to challenge the correctness and appropriateness of the judgment of conviction and the order of sentence passed against him. 2. The self statement of S.I. Shyama Kant Jha, who was the officer-in-charge of town police station, Begusarai on 29.06.1993 is the basis ...
Tag this Judgment!Niraj Singh Vs. the State of Bihar
Court: Patna
Decided on: Apr-25-2014
S.P. Singh, J 1. The present appeal has been filed by the two accused-appellants, namely, Niraj Singh and Ranjeet Singh, against judgment of conviction, dated 28.01.2006, under Sections 302 read with Section 34 of the Indian Penal Code, passed by Additional Sessions Judge, Fast Track Court-III, Jehanabad, in Sessions Trial Nos. 205 of 2005/126 of 2005, arising out of Karpi P.S. case No.107 of 2004, G.R. No. 1857 of 2004. The accused-appellants have been sentenced, by order, dated 31.01.2006, to suffer imprisonment for life under Section 302 read with Section 34 of the Indian Penal Code. 2. During the hearing of the appeal, appellant, namely, Niraj Singh, took the plea of juvenility vide I.A. No. 724 of 2014, whereupon his conviction was set aside and the case against him was remitted to Juvenile Justice Board, Arwal, for being dealt with in accordance with law. 3. It would be still relevant to state here that in Karpi P.S. Case No. 107 of 2004, dated 20.11.2014, from which the trial ar...
Tag this Judgment!Pramod Singh Chandravanshi Vs. Som Prakash Singh
Court: Patna
Decided on: Apr-25-2014
Navaniti Pd Singh, J 1. By this election petition, the election petitioner has challenged the election of the sole respondent who has been declared elected as a Member of the 15th Bihar Legislative Assembly from 220 Obra General Assembly Constituency for which the last date for filing nomination paper was 03.11.2010. The date of scrutiny of nomination paper was 04.11.2010. The last date for withdrawal of candidature was 06.11.2010. The voting had taken place on 20.11.2010 and counting was done and results declared on 24.11.2010. 2. The election petitioner was the official candidate of Janta Dal (United). He had been elected from the said Constituency on earlier occasion as well. He lost to the sole respondent who was the independent candidate. 3. The solitary ground on which the election of sole respondent has been challenged is that the respondent was disqualified in terms of Article 191 (1) (a) of the Constitution of India as he was in Government employment when his nomination paper ...
Tag this Judgment!Kiran Kumar @ Kiran Kumar Sinha Vs. the State of Bihar and Another
Court: Patna
Decided on: Apr-25-2014
Heard Smt. Rekha Prasad, learned counsel for the petitioner, Sri Pradeep Narayan Kunwar, learned A.P.P. as well as Sri Anjani Kumar Sinha, learned counsel, who has appeared on behalf of complainant /opposite party no. 2. The petitioner, who is husband of sister of complainant/ opposite party no. 2, has approached this court invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, with a prayer to quash an order dated 21.7.2006 passed by learned Sub Divisional Judicial Magistrate, Sasaram, in Complaint Case No. 810 of 2005 / Tr. No. 1449 of 2006. By the said order learned S.D.J.M. has taken cognizance of offences under Sections 498-A, 494 and 120B of the Indian Penal Code. Short fact of the case is that the opposite party no. 2 had filed a complaint, which was numbered as Complaint Case No. 810 of 2005 in the court of Chief Judicial Magistrate, Sasaram, Rohtas, disclosing therein that his sister was married with petitioner on 20.2.2002 and even at the time...
Tag this Judgment!Shivji Sah Vs. the State of Bihar
Court: Patna
Decided on: Apr-25-2014
I.A. Ansari, J. 1. By the judgment, dated 29.07.2009, passed, in Sessions Trial No. 261 of 2003, by learned Additional Sessions Judge V, Rohtas at Sasaram, the appellant, Shivji Sah, stands convicted under Section 302 of the Indian Penal Code and also under Section 27 of the Arms Act, 1959. Following his conviction under Section 302 of the Indian Penal Code, the accused-appellant, Shivji Sah, has been sentenced to undergo imprisonment for life and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer simple imprisonment for six months. Consequent upon his conviction under Section 27 of the Arms Act, 1959, the accused-appellant, Shivji Sah, has been sentenced to undergo rigorous imprisonment for three years and pay fine of Rs. 1,000/- and, in default of payment of fine, suffer simple imprisonment for one month. The sentences have been directed to run concurrently. 2. The case of the prosecution may, in brief, be described thus: (i) Bharat Sah (since deceased) was brother of...
Tag this Judgment!Sanjay Kumar Vs. the State of Bihar
Court: Patna
Decided on: Apr-24-2014
1. Heard Sri D.N.Tiwary, learned counsel for the petitioner and Dr. Mayanand Jha, learned Addl. Public Prosecutor. 2.The sole petitioner, invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 10.08.2007 passed by the learned Chief Judicial Magistrate, Katihar in Manihari P.S. Case No.18 of 2006. By the said order, the learned Chief Judicial Magistrate, Katihar has taken cognizance of offence under Sections 467, 468, 469, 471, 420, 494, 171(C) , 171(F), 120(B)/34 of the Indian Penal Code. 3. Short fact of the case is that on the self-statement, Sub-Inspector of Police, namely, Sri Sunil Kumar Singh, Officer Incharge of Manihari Police Station drew an F.I.R. vide Manihari P.S. Case No.18 of 2006 disclosing therein that one most wanted criminal, who was absconding since long, namely, Ramnivash Yadav @ Pagla Yadav, during life time of his wife had forcibly married with minor daughter of one Thakur Yadav, ...
Tag this Judgment!Bijay Kumar Singh Vs. the State of Bihar
Court: Patna
Decided on: Apr-24-2014
1. The solitary appellant, Bijay Kumar Singh was put on trial in Sessions Trial No. 72 of 1992/69 of 1997 by the learned Sessions Judge, Sitamarhi after being indicted of committing offence under Sections 307 and 452 of the Indian Penal Code. It appears that the judgment was ultimately delivered by the learned 3rd Additional Sessions Judge, Sitamarhi on 07.08.2002 by which the appellant was held guilty of committing the two offences, he had been charged with. The appellant was heard on sentence on 08.08.2002 and was directed to suffer rigorous imprisonment for ten years as also to pay a fine of Rs. 5,000/-, else to suffer rigorous imprisonment for one year after being convicted under Section 307 of the Indian Penal Code. The appellant was also to undergo rigorous imprisonment for two years due to having been held guilty under Section 452 of the Indian Penal Code. The appellant has filed the present appeal to challenge the correctness of the findings as regards his guilt and the appropr...
Tag this Judgment!Dinesh Das Vs. the State of Bihar
Court: Patna
Decided on: Apr-24-2014
1. Appellant, Dinesh Das has been found guilty for an offence punishable under Sections 22(C) of the NDPS Act vide judgment dated 28.02.2012 and sentence to undergo RI for 10 years as well as fined of Rs. 1 Lac in default thereof, to undergo SI for two years vide order dated 29.02.2012 by 2nd Additional Sessions Judge-cum-Special Judge, West Champaran at Bettiah in Kangli P.S. Case No. 18/2010 has preferred this appeal. 2. Ganke Atwa, a SSB Constable filed a written report on 03.07.2010 before Officer-in-charge, Kangli P.S. alleging inter alia that on the same day at about 5.30 a.m., SSB Hawildar No. 9187147, Wamsi Atwa on getting confidential information, along with constable, Narendra Pd. Dewari, K. Pawalingam, Prashant Goswami, Tumo Kamdak came near Kangli railway halt at about 6:00 a.m. where they found one person standing west to road near tea stall of Jainuddin Mian in suspicious state and on account thereof, was apprehended. Local inhabitants were requested to become seizure lis...
Tag this Judgment!Panchanand Tatma @ Panchu and Others Vs. the State of Bihar
Court: Patna
Decided on: Apr-24-2014
1. The two connected appeals arise out of judgment of conviction dated 25.6.2002 and order of sentence dated 28.6.2002 passed by F.T.C. “ II, Katihar in Sessions Case No. 3/2001 / 83/87 by which the four appellants of Cr. Appeal No. 497 of 2002 were held guilty of committing offences under Sections 147, 323 and 379 of the Indian Penal Code and each of them was directed to be released on execution of a bond of Rs. 2,000/- with two sureties of the like amount each so as to appear and receive sentence when called upon during the period of two years for keeping peace and being of good behaviour. As regards Panchanand Tatma @ Panchu, appellant in the other appeal, he was held guilty of committing offences under Sections 148, 323, 379 and 436 of the Indian Penal Code and was directed to suffer rigorous imprisonment for two years, one year, two years and five years respectively on the above four counts, with a further direction that the sentences imposed upon him was to run concurrently...
Tag this Judgment!Nand Kishore Raut and Others Vs. State of Bihar
Court: Patna
Decided on: Apr-24-2014
1. The present appeal arises out of judgment dated 05.07.2002 passed by the learned Presiding Officer, Fast Track Court No.IV, East Champaran at Motihari in Sessions Trial 285 of 1987 by which the appellants were acquitted of the charges under Sections 341, 235 and 307/34 of the IPC but were convicted of different offences. Appellants Sheo Balak Raut and Siyaram Raut were held guilty of committing offences under Sections 447 and 324 IPC and they were directed to suffer simple imprisonment for three months and two years respectively. Likewise, appellant Nand Kishore Raut was also convicted under Sections 447 and 323 IPC and was directed to suffer simple imprisonment for three years and six months respectively on the two counts. 2. It appears that the appellants and the informant were residing in the same Angan and it appears further from the evidence as also from the first information report that when the informant was feeding his animal at his Darwaja accused Radhe Shyam Raut who was a...
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