Patna Court April 2014 Judgments
Md. Wasiqur Rahman @ Wasique and Others Vs. the State of Bihar
Court: Patna
Decided on: Apr-07-2014
1. The three appellants were charged with committing offence under Section 364 of the Indian Penal Code by an order passed on 15.04.1999 by the learned 2nd Additional Sessions Judge, Araria, in Sessions Trial No. 179 of 1998 and by judgment dated 06.08.2002, passed by the learned Presiding Officer, Fast Track Court-I, Araria, they were held guilty of committing the said offence. The appellants were heard on sentence and each of them was directed to suffer rigorous imprisonment for ten years. The judgment of conviction and the order of sentence passed on the appellants is being challenged in the present two appeals one preferred by solitary appellant Md. Wasiqur Rahman @ Wasique and the other by the remaining two, namely, Md. Hassan and Md. Sahid. 2. The prosecution case emanated from Ext. 1, the Fardbeyan of Most. Tara Devi, the mother of victim/deceased Vidyanand Singh, which was recorded on 08.02.1997, 5.30 P.M. in which she stated that on 27.01.1997, appellants Md. Hassan and Md. Sa...
Tag this Judgment!Subhankar Jha Vs. State of Bihar
Court: Patna
Decided on: Apr-04-2014
1. Subhankar Jha, the appellant, appeals against the judgment of conviction dated 18.07.2002 and order of sentence dated 19.07.2002 passed by the learned Presiding Officer, Fast Track Court-I, Purnea in Sessions Trial No.184 of 1997/ 113 of 2002 by which the appellant was held guilty of committing an offence under Section 307 IPC and was directed to suffer rigorous imprisonment for ten years. 2. The informant Subhash Chandra Jha (P.W.3) had three brothers. Appellant Subhankar Jha was one of the three brothers and another brother Subodh Jha, a witness, was not examined. It appears from paragraph-11 of the evidence of P.W.3 that all brothers owned and possessed 18 kathas of bamboo clumps jointly. It appears further from the same paragraph that the brothers also enjoyed equal share in the share of properties of their deceased father between themselves. 3. In the above admitted fact situation the allegation was that this appellant Subhankar Jha had cut 8-9 bamboos from the said bamboo clum...
Tag this Judgment!Dharmendra Yadav Vs. the State of Bihar
Court: Patna
Decided on: Apr-04-2014
S.P. Singh, J. 1. The appeal is directed against judgment, dated 11th October, 2012, passed, in Sessions Trial No. 409 of 2009, arising out of Raghunathpur Police station Case No. 67 of 2007, by learned 5th Ad-hoc Additional Sessions Judge, Siwan, convicting the appellant under Sections 364A and 395 of the Indian Penal Code and sentencing him to undergo imprisonment for life and rigorous imprisonment for ten years for his conviction under Sections 364A and 395 of the Indian Penal Code respectively with further direction to pay fine of Rs.1000/- on each count and, in default of payment of fine, to undergo further imprisonment for one month. 2. The prosecutions case, as made out in Fardbeyan of one Harendra Sah, S/o Radhe Kishan Sah, of village Gaijour Police station Andar, District Siwan, recorded by Sub inspector R. N. Singh, Raghunathpur Police Station, on 17.06.2007, at 00.15 AM, at the house of the informants brother-in-law, Surendra Sah, in village Rajpur, Police station Raghunathp...
Tag this Judgment!Rajesh Mahato Vs. the State of Bihar
Court: Patna
Decided on: Apr-02-2014
1. Appellant, Rajesh Mahto who has been found guilty for an offence punishable under Section 328 IPC, 379 IPC vide judgment dated 17.01.2012 and sentenced to undergo R.I. for seven years as well as also fined appertaining to Rs.500/- in default thereof to undergo R.I. for six months additionally, R.I. for two years respectively under each head vide order of sentence dated 18.01.2012 passed by Additional Sessions Judge, FTC-II, Samastipur in Sessions Trial No.506 of 2010 / 284 of 2011 challenged the same under present appeal. 2. Rajesh Paswan (PW-1) gave his fardbeyan on 20.06.2010 at about 07:30 AM. at Platform No.1 of Darbhanga Junction before police officials of G.R.P. Darbhanga disclosing therein that he along with his maternal brother Vikash Paswan, aged about 12 years proceeded from Delhi on 18.06.2010 through Vaishali Express and reached at Samastipur on 19.06.2010 at 07:00 P.M. where they began to wait Katihar Passenger at Platform No.6. At that very time two young chap in betwe...
Tag this Judgment!Md. Khairul Vs. State of Bihar
Court: Patna
Decided on: Apr-02-2014
1. Three appellants were put on trial by the learned 5th Additional Sessions Judge, Samastipur after being indicted of committing offences under Sections 304B and 498A of the IPC and for being tried in Sessions Trial No.296 of 1999. By judgment dated the 29th June of 2002, the three appellants were held guilty of committing the two offences, i.e., 304B and 498A IPC. After being heard on sentence on the same day, each of the appellants was directed to suffer rigorous imprisonment for ten years on each of the two counts. The appellants have come up before this Court through the present appeal to question the correctness of the findings as regards their guilt and the appropriateness of the order of sentence. 2. The occurrence was dated on 26th of July, 1996 and as per allegation it had taken place at 6 A.M. The informant Md. Shakil who was examined as P.W.5 alleged that while he was passing through the house of the appellants, while going to purchase some tea, he heard the sound of gaggin...
Tag this Judgment!Chandrawati Devi Vs. Sahdeo Ram and Others
Court: Patna
Decided on: Apr-02-2014
1. The plaintiff no. 2-appellant has preferred this appeal against the judgment dated 28.01.2005 passed by the learned 4th Additional District Judge, Siwan, in Title Appeal no. 4 of 1996 by which the judgment and decree dated 8.12.1995 and 3.1.1996 respectively passed in Title Suit no. 47 of 1989 by the learned 2nd Munsif, Siwan, have been set aside, the appeal has been allowed and the Title Suit no. 47 of 1989 has been remanded to the court below for deciding it afresh after framing proper additional issues and taking evidence of the parties. 2. The plaintiff no.1-respondent no.2, Dinesh Ram, filed Title Suit no. 47 of 1989 for declaration that the deed of gift dated 1.11.1988 (Ext.E) executed by his father, namely, Haruni Ram (defendant no. 2) in favour of defendant no. 1, namely, Sahdeo Ram (original respondent no. 1) for the suit land was forged, fabricated, without consideration and not legally executed giving any right to the donee, besides permanent injunction from dispossession...
Tag this Judgment!Bablu Sah Vs. the State of Bihar
Court: Patna
Decided on: Apr-02-2014
1. This appeal has been filed by the sole appellant Bablu Sah against the judgment of conviction and sentence dated 09.08.2011 passed by the Additional Sessions Judge-II, Vaishali at Hajipur in Sessions Trial no.336 of 2009/109 of 2010 holding the appellant guilty for an offence punishable under Section 376 of the I.P.C. and sentenced to undergo rigorous imprisonment for ten years. 2. PW-3 Makhan Choudhary father of victim Mamta Kumari (PW-8) filed written report on 31.07.2008 disclosing therein that he resides over railway land after constructing house thereupon. A day before yesterday, he along with his wife and two minor sons had gone to his Sasural leaving victim Mamta Kumari along with three younger sisters for treatment of his wife, who disclosed on telephone that on 29.07.2008, his neighbour Babban Sah took her away to his house on the pretext of being called by his elder brother Bablu Sah. As soon as his daughter Mamta Kumari, aged about 13 years, had gone to the house of Bablu...
Tag this Judgment!Ram Dayal Rai Vs. the State of Bihar
Court: Patna
Decided on: Apr-02-2014
1. In spite of repeated calls, none turns up to represent the appellant. However, Shri Mrityunjay Kumar, learned Advocate has volunteered himself to assist the Court as Amicus Curiae and is acclaimed. 2. Sole appellant, Ram Dayal Rai has been found guilty for an offence punishable under Sections 148 IPC, 323/149 IPC, 448/149 IPC, 379/149 IPC, 307 of the IPC and 27 of the Arms Act and sentenced to undergo RI for one year, RI for six months, RI for six months, RI for one year, RI for seven years as well as fined of Rs. 5000/- in default thereof, to undergo RI for six months additionally, RI for five years as well as fined Rs. 2000/- in default thereof, to undergo RI for three months respectively with a further direction to run the sentences concurrently vide judgment of conviction dated 17.01.2012 and sentence dated 21.01.2012 passed by 1st Additional Sessions Judge, Banka in connection with Sessions Trial No. 390/1999, challenged the same under present appeal. 3. PW-6, Vijay Rai who als...
Tag this Judgment!Tengar Miyan @ Raza Azad Vs. State of Bihar
Court: Patna
Decided on: Apr-02-2014
1. The solitary appellant Tengar Miyan @ Raza Azad was convicted for the offence under Section 366 IPC and was directed to suffer rigorous imprisonment for five years as also to pay a fine of Rs.1,000/-, else to suffer rigorous imprisonment for further period of six months. 2. P.W.5 Thag Sah filed a written report after 20-21 days of the disappearance of Jyoti Kumari claiming that she was his daughter and she was found missing on 09.10.1998 from his house at 3/4 P.M. The prosecution story further was that the informant (P.W.5) filed a petition before the Sub Divisional Magistrate, Siwan of the above facts and made a hectic search for the girl at all imaginable places of his relation, but could not find out a lady nor his daughter could be recovered by the police. 3. The investigating officer Akshaya Lal (P.W.6) would say that he took the investigation of the case after drawl of the FIR and recorded the statements of different persons, besides inspected the place of occurrence also. P.W...
Tag this Judgment!Nizam Mian @ NizamuddIn Mian Vs. the State of Bihar
Court: Patna
Decided on: Apr-01-2014
1. Appellants Nizam Mian @ Nizamuddin Mian and Ranjan Kumar have been found guilty for an offence punishable under Section 22(C ) of the N.D.P.S. Act and further each of them has been directed to undergo rigorous imprisonment for ten years as well as also sentenced with a fine appertaining to Rs. One lac in default thereof, to undergo simple imprisonment for two and half years vide judgment of conviction dated 18.01.2012 and order of sentence dated 23.01.2012 passed by the Second Additional Sessions Judge, West Champaran, Bettiah in Trial No.33 of 2009 and on account thereof, has been challenged under instant appeal. 2. PW-3 Mirtunjay Jha, a Sepoy posted at Rail P.P. Motihari gave his fard-bayan on 01.08.2009 at about 10.15p.m. at platform no.1 of Bapu Dham Motihari Railway Station disclosing therein that he along with Constable Krishna Ram, Murari Singh, Arvind Kumar Singh were deputed at Chakia Railway Station and for that they were waiting for train. At about 8.20p.m. Awadh Express ...
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