Patna Court April 2014 Judgments
Sakaldeo Sharma Vs. the State of Bihar
Court: Patna
Decided on: Apr-23-2014
1. Challenged in this Appeal is judgment of conviction dated 09.08.2012, whereby and whereunder appellant Sakaldeo Sharma has been found guilty for an offence punishable under Section 307 of the I.P.C. and sentence dated 14.08.2012 directing him to undergo rigorous imprisonment for ten years as well as fine of Rs. Two thousand in default thereof, to undergo rigorous imprisonment for three months additionally by the Ad hoc Additional Sessions Judge-3rd, Khagaria in Sessions Trial No.16 of 2003/ 137 of 2012. 2. Bijo Devi (PW-4) gave her fardbeyan on 06.08.2002 alleging inter alia that on 04.08.2002 at about 9.00 p.m. her husband Bhutal Sharma had gone to sleep at his Bathan lying North-West to Beldaur village after taking meal and during course thereof, had directed her to come along with one Lota of water. At about 10.00 p.m., she came at her Bathan along with water as well as food for her cousin mother in-law Budhia Devi. At that very time her husband was sleeping over a Bench while he...
Tag this Judgment!Dr. Ajay Kumar Singh Vs. Awadhesh Narayan Singh
Court: Patna
Decided on: Apr-23-2014
1. By filing the present Election Petition, election petitioner has challenged the election of sole respondent as member of Bihar Legislative Council from 02-Gaya Graduate Constituency held on 10.04.2011 as also prayed to declare the said election void under Section 100 of the Representation of the People Act, 1951 (hereinafter referred to as the œAct?) and sole respondent ought not to have been declared elected from the said constituency as he secured 16242 votes, less than 16550 votes, the quota fixed for being declared elected under Rule 75 of the Conduct of Election Rules, 1961, which would appear from result-sheet dated 14.04.2011 (Annexure-1). 2. In support of the aforesaid plea election petitioner has relied on the provisions of Section 21 of the Representation of the People Act, 1950 (hereinafter referred to as the œ1950 Act?) and Rule 31 of the Registration of Electors Rules, 1960 and with reference to the aforesaid provisions, it is submitted that the existing ele...
Tag this Judgment!Sudhanshu Kumar Pal (S.K.Paul) Vs. State of Bihar Through C.B.i.
Court: Patna
Decided on: Apr-22-2014
1. The solitary appellant was tried by the learned Special Judge, C.B.I. South Bihar, Patna in Special Case No.04 of 1992 arising out of R.C. Case No.46(A)1991 after being charged with committing offences under Section 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the P.C.Act). 2. P.W.6 Lalit Mohan Das was an unemployed graduate. He applied for a loan so as to start a poultry farm. The application (Ext-4/C) was filed before the District Industries Centre, Patna and as appears from the evidence of P.W.10 K.D.Singh, General Manager, District Industries Centre, Patna as also from the evidence of P.W.3 Surya Shekhar Prasad, Manager of the said centre, the application was processed and after interviewing the applicant, P.W.6 Lalit Mohan Das, the project report (Ext-5) was prepared by the District Industries Centre, Patna and was duly forwarded to the Central Bank of India, Yarpur Branch, Patna for favour of considering the proje...
Tag this Judgment!Anil Chaudhary Vs. the State of Bihar
Court: Patna
Decided on: Apr-22-2014
1. Appellant, Anil Chaudhary who has been found guilty for an offence punishable under Section 304(B), 498(A), 201 of the IPC vide judgment dated 27.07.2011 and sentence to undergo R.I. for 10 years, R.I. for 3 years, R.I. for 3 years respectively with a further direction to run the sentences concurrently vide order dated 29.07.2011 passed by Additional Sessions Judge, FTC-IIIrd, Muzaffarpur in Sessions Trial No.563 of 2001 has preferred instant appeal. 2. Lalan Kumar (PW-8) filed a written report on 01.07.2000 disclosing therein that his sister Nilam was married with Anil Chaudhary, son of Diplal Chaudhary of village- Simri Chahuta in the year 1994. Just after marriage, her Sasuralwala began to torture her as well as she was also subjected to physical assault. In due course of time she had begotten a child namely Jyoti Kumari. About 4 or 5 days ago, he (informant) had received one unstamped letter through post office written by Nilam disclosing the fact that her Sasuralwala had brutal...
Tag this Judgment!Yogi Ram @ Yogi Sah Vs. the State of Bihar and Others
Court: Patna
Decided on: Apr-22-2014
Aditya Kumar Trivedi, J. 1. Appellant is the informant and father of the deceased. He has preferred this appeal under the provisions of proviso to Section 372 of the Code of Criminal Procedure against the judgment and order dated 31st of July, 2012 passed by the Adhoc Additional Judge, 1st, Buxar in Sessions Trail No.1/09, whereby and whereunder the learned court below has acquitted the respondent nos.2 to 4 from the charges framed against them under Sections 302, 302/34 and 307/34 and Section 27(1) of the Arms Act. 2. The prosecution case in brief is that in the morning of 19.08.2008 at 6.30 p.m. the appellant received information that his four bighas of land on khata no.1, which he had purchased from one Premchand Keshri, was going to be ploughed by the four accused persons by means of a tractor, with the help of 3-4 other unknown persons. On this information, he along with his sons, namely, the deceased Sarabjeet Kumar Gupta, PW-4 Ajit Kumar Gupta, PW-2 Munna Kumar Gupta, proceeded ...
Tag this Judgment!Bhikhar Ram Vs. the Union of India
Court: Patna
Decided on: Apr-22-2014
1. Sole appellant, Bhikhar Ram who has been found guilty for an offence punishable under Section 29 of the NDPS Act vide judgment dated 02.09.2011 and sentenced to undergo R.I. for 10 years as well as fined Rs.1,00,000/- in default thereof to undergo R.I. for 2 years and 6 months vide order of sentence dated 14.09.2011 passed by Additional Sessions Judge-Ist-cum-Special Judge, NDPS, East Champaran, Motihari in ND P.S. Case No. No.16 of 2007 filed instant appeal. 2. On getting confidential information with regard to smuggling of Ganja on 20.02.2007, PW-3, Irfan Ahmad a member of preventing team of custom along with others including two independent witnesses rushed to Nanaura village and in the morning of 21.02.2007 at about 05:45 A.M. they intercepted one tractor along with trailer laden with stone chips. During course thereof, the other manage to escape while one was apprehended who disclosed his identity as an appellant, Bhikhar Ram and further shown his status as labour-cum-cleaner. ...
Tag this Judgment!Awadhesh Tiwary @ Vishwanath Tiwary and Others Vs. State of Bihar
Court: Patna
Decided on: Apr-21-2014
1. Appellants, Awadhesh Tiwary @ Vishwanath Tiwary, Sita Ram Tiwary, Amrendra Tiwary, Tribhuwannath Tiwary, Sri Kirshna Tiwary, Visheshwar Kamkar and Gauri Shankar Tiwary have been found guilty for an offence punishable under Sections 147 IPC, 323 IPC and each one has been fined of Rs. 250/- under both heads independently, appellant, Amrendra Tiwary has further been found guilty for an offence punishable under Sections 379 IPC and fined of Rs. 5000/- vide judgment of conviction and sentence dated 19.01.2002 passed by 1st Additional Sessions Judge, Buxar in Sessions Trial No. 8/86. However, the judgment impugned did not contain the clause that in default of payment of fine whether all the appellants will suffer imprisonment if so for what period. 2. Amarnath Tiwary (PW-5) gave his Fard-e-beyan on 26.03.1985 at about 4:30 p.m. alleging inter alia that he along with Anant Narayan Tiwary, Rabindra Nath Tiwary and Ram Kumar were proceeding towards their house from Arrah and as soon as came ...
Tag this Judgment!Manoj Mahto Vs. the State of Bihar
Court: Patna
Decided on: Apr-19-2014
I.A. Ansari, J. 1. This appeal is directed against the judgment, dated 3.11.2012, passed, in Sessions Trial No. 596 of 2009, by the learned Additional Sessions Judge-I, Nalanda, at Biharsharif, convicting the accused appellant, namely, Manoj Mahto, under Section 302 read with Section 34 of the Indian Penal Code Consequent upon his conviction as mentioned hereinbefore, he has been sentenced, by order, dated 10.11.2012, to suffer imprisonment for life and pay fine of Rs.10,000/- and, in default of payment, suffer rigorous imprisonment for a period of three months. 2. The case of the prosecution may, in brief, be described as hereunder:- (i) Deceased Pinki Kumari @ Babita Kumari was wife of accused Manoj Mahto, the marriage between the two having been solemnized in the year 2001. The couple had a female child and used to reside, on rent, in the house of one Bodh Narain, at Mohalla Kamruddinganj, Police Station Laheri, Biharsharif. (ii) On 20.1.2009, at about 7 AM, Dinesh Mahto (P.W.3), br...
Tag this Judgment!Shanti Devi Vs. the State of Bihar
Court: Patna
Decided on: Apr-18-2014
I.A. Ansari, J. 1. By the judgment, dated 28.01.2013, passed, in Sessions Trial No. 389 of 2008, by learned Ad hoc Additional Sessions Judge-V, Biharsharif at Nalanda, the appellant, Shanti Devi, along with co-accused, Bacchu Singh, stands convicted, under Sections 328 and 302 read with Section 34 of the Indian Penal Code. Following their conviction, the appellant, Shanti Devi, and the co-accused, Bacchu Singh, under Section 302 read with Section 34 of the Indian Penal Code, stand convicted, under order, dated 31.01.2013, to undergo imprisonment for life and pay fine of Rs. 10,000/- (Ten thousand) each and, in default of payment of fine, suffer simple imprisonment for three years. Following their conviction, under Section 328 read with 34 of the Indian Penal Code, the present appellant and the co-convict, Bacchu Singh, have been further sentenced to undergo rigorous imprisonment for 7 (seven) years and pay fine of Rs. 5,000/- each and, in default of payment of fine, suffer simple impri...
Tag this Judgment!Umesh Ravidas Vs. the State of Bihar
Court: Patna
Decided on: Apr-18-2014
1. By the judgment, dated 04.04.2013, passed, in Sessions Trial No. 261 of 2009, by learned Ad hoc Additional Sessions Judge III, Gaya, the appellant, Umesh Ravidas, stands convicted under Section 302 of the Indian Penal Code. In consequence of his conviction, the appellant stands, under the order, dated 10.04.2013, sentenced to suffer imprisonment for life and pay fine of Rs. 2,000/-. 2. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under: (i) On 11.06.1994, at about 7:30 AM, Ram Briksh Ravidas went to village Pathara to collect sugarcane leaves from village Pathara. On his return to his village, when Ram Briksh Ravidas reached a place called Aahar, accused Umesh Ravidas and accused Rambali Ravidas, who were sitting under a sheesam tree, noticed Ram Briksh Ravidas coming with leaves of sugarcane on his head. Having noticed Ram Briksh Ravidas so coming with sugarcane leaves on his head, accused Umesh Ravidas, who was holding a knife in his hand, ...
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