Patna Court May 2014 Judgments
Nathuni Upadhya and Others Vs. Ganwa Upadhaya and Others
Court: Patna
Decided on: May-13-2014
1. The present First Appeal has been filed against the judgment and decree dated 30th June, 1970 passed in Title Suit No. 122 of 1965 by the learned 1st Sub-Judge, Arrah. 2. The plaintiffs-appellants herein, brought the aforesaid suit for partition claiming 3/4th share in the suit properties, fully described in Schedule 1 of the plaint. Besides that, other incidental and consequential reliefs were also sought for on behalf of the plaintiffs-appellants herein. 3. The suit was contested by the defendants by filing five separate sets of written statements. The defendant Nos. 1, 3 and 5 filed their written statement disputing the claim raised on behalf of the plaintiffs-appellants herein. Similarly the defendant No. 4, defendant Nos. 6 to 8, defendant Nos. 9 to 11 and defendant No.12 filed their separate respective written statements disputing the claim of the plaintiffs-appellants herein with respect to the suit properties. However, the defendant No.2, subsequently, adopted the written st...
Tag this Judgment!Sujit Kumar @ Sujit Kumar Yadav @ Sujji Vs. State of Bihar
Court: Patna
Decided on: May-12-2014
1. Appellant, Sujit Kumar @ Sujit Kumar Yadav @ Sujji has filed instant appeal against the judgment of conviction and sentence dated 29.04.2000 passed by 7th Additional Sessions Judge, Munger in sessions trial no. 428/1997/43/1998 whereby and whereunder, he has been convicted for an offence punishable under Sections 366 (A), 376 (2) (G) of the IPC and sentenced to undergo RI for eight years respectively under both counts with a further direction to run the sentences concurrently. 2. Devan Yadav (PW-2) filed a written report on 12.11.1996 disclosing therein that his eldest daughter Rukmani aged about 14 years had come to Munger on 10.11.1996 at about 2:00 p.m. to see Goddess Kaali. When she did not return, they became worried and on account thereof, they proceeded to Munger in her search and during course thereof, they came to know that Arjun Yadav, Milan Yadav, Sujit Kumar @ Sujit Kumar Yadav @ Sujji were along with his daughter while going towards Lal Darwaza. They reached at Lal Darw...
Tag this Judgment!Most. Jokhani and Another Vs. Most. Bhekhawa and Others
Court: Patna
Decided on: May-09-2014
1. This First Appeal has been filed against the judgment and decree dated 19th January, 1978 passed in Partition Suit No. 113/1 of 1974/1978 by the learned 5th Additional Sub-ordinate Judge, Motihari. 2. The plaintiffs-respondent Nos. 1 and 2 herein, brought the aforesaid Partition Suit for a decree of 1/2 share in the suit properties, fully detailed in Schedule 2 of the plaint. The suit was contested by the defendants 1st Set by filing their joint written statement. Both sides led their evidence and produced their materials in support of their respective cases. Finally, by the impugned judgment and decree the suit was decreed on contest with costs against the contesting defendants and ex parte without costs against the remaining defendants. 3. The defendants 1st party, being aggrieved by the impugned judgment and decree, preferred the present First Appeal, which was admitted on 26.6.1979 and notices were issued to the respondents. Now, the appeal has been listed under the heading &oel...
Tag this Judgment!Raj Kumar Singh Vs. the State of Bihar and Others
Court: Patna
Decided on: May-09-2014
Petitioner has filed this writ application for a direction to the respondents to grant him promotion to the post of Superintending Engineer with effect from 4th January, 1993 the date from which his juniors were promoted and for release of consequential benefits of the same. The facts of the case are that, after his promotion and, in due course of posting, petitioner was holding the post of Executive Engineer in Water Resources Department at the relevant time. On 20.3.1985 final gradation list of Assistant Engineers was prepared in which petitioner was placed at serial no.379. Subsequently he was promoted as Executive Engineer from which post he superannuated with effect from 30.6.1995. After his superannuation D.P.C. was held on 30.12.1995 in which the cases of Executive Engineers of the Department were considered for promotion. On that date, two departmental proceedings were pending against petitioner from before. Hence the D.P.C. did not consider his case for promotion and kept it p...
Tag this Judgment!Bihari Giri Vs. the State of Bihar
Court: Patna
Decided on: May-09-2014
S.P. Singh, J. 1. The present appeal has been filed against the judgment of conviction, dated 22.04.2013, under Sections 376 and 302 of the Indian Penal Code, passed by the learned Ad hoc Additional Sessions Judge-II, Samastipur, in Sessions Trial No. 278 of 2012/05 of 2013, and the order, dated 23.04.2013, sentencing him to suffer imprisonment for life and pay fine of Rs. 5,000/- (Five thousand) on each count, and, in default, suffer rigorous imprisonment for six months on each count. However, both the sentences have been directed to run concurrently. 2. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under: (i) Deceased Puja Devi, aged about 20 years, daughter of the informant, Ram Lakhan Giri (PW 4) was married, on 07.03.2011, to Raj Kumar Giri, son of the appellant, Bihari Giri. Since the wife of Bihari Giri had died and his son, Raj Kumar Giri, husband of Puja Devi, used to work, as a labour, in Rajasthan, Puja Devi used to live, in her matrim...
Tag this Judgment!Pramod Yadav and Others Vs. the State of Bihar
Court: Patna
Decided on: May-08-2014
1. Appellants Naga Yadav @ Nag Yadav, Shyam Babu Yadav @ Shyam Babu and Pramod Yadav have been found guilty for an offence punishable under Section 364/34 of the I.P.C. vide judgment of conviction dated 13.11.2013 and each one has been directed to undergo rigorous imprisonment for ten years as well as fined of Rs. Five thousand in defualt thereof, to undergo rigorous imprisonment for three months additionally vide order of sentence dated 21.11.2013 by the Ad hoc Additional Sessions Judge-1st, Patna in Sessions Trial no.695 of 2006 have challenged the same under instant appeal. 2. PW-6 Ajay Kumar filed a written report on 11.06.2005 alleging inter alia that he happens to be proprietor of Star Bright Musical Group, wherein Pramod Kumar Yadav was also engaged. Few days ago, he had taken away cash from his office and on account thereof, a case was registered against him. Today i.e. 11.06.2005 at evening hour while was going to Hilsa along with group members and as soon as the vehicle reach...
Tag this Judgment!Satish Kumar Vs. State of Bihar
Court: Patna
Decided on: May-08-2014
S.P. Singh, J. 1. The present appeal is directed against the judgment of conviction, dated 18.09.2008, and the order of sentence, dated 20.09.2008, passed by the learned Additional Sessions Judge, Fast Track Court No. IV, Begusarai, in Sessions Trial No. 442 of 2004, whereunder the accused-appellant has been convicted under Section 302 of the Indian Penal Code and Section 27 of the Arms Act, 1959. For his conviction under Section 302 of the Indian Penal Code, the accused-appellant, Satish Kumar, has been sentenced to undergo imprisonment for life and, for his conviction under Section 27 of the Arms Act, 1959, the accused-appellant, Satish Kumar, has been sentenced to undergo rigorous imprisonment for three years. Both the sentences having been directed to run concurrently. 2. The prosecutions case, as made out in the fardbayan of the informant, Sujeet Kumar Singh, son of Vishundeo Singh, resident of Village Hajipur, P.S. Barauni, District Begusarai, recorded by S.M. Khurseed, Sub Inspe...
Tag this Judgment!Jitendra Rai and Another Vs. the Union of India
Court: Patna
Decided on: May-08-2014
1. Criminal Appeal No.949 of 2011 filed on behalf of appellant Dinesh Singh and Criminal Appeal No.1134 of 2011 filed on behalf of appellant Jitendra Rai were preferred from Jail. However, in due course, appellant of Cr. Appeal No.1134 of 2011 was duly represented by the learned counsel while appellant of Cr. Appeal No.949 of 2011 was represented by the learned Amicus Curiae. 2. Both two above referred appeals commonly originate out of DRI Case no.06 of 2004, wherein judgment of conviction was delivered on 11.04.2011, convicting both the appellants namely Dinesh Singh and Jitendra Rai for an offence punishable under Sections 20(B), 23, 25 of the N.D.P.S. Act and each one of them was sentenced vide order dated 18.04.2011 to suffer rigorous imprisonment of ten years as well as fine of Rs. One lac in default thereof, to suffer simple imprisonment of one year additionally under each head with a further direction to run the sentences concurrently by the 7th Additional Sessions Judge-cum-Spe...
Tag this Judgment!Md. Zafar Alam and Another Vs. Divisional Manager, N.i.C. Ltd., and Ot ...
Court: Patna
Decided on: May-07-2014
This appeal has been filed under Section 173 of the Motor Vehicles Act, 1998 by the claimants against the judgment and order dated 22.09.2007 passed by the learned Additional District Judge, F.T.C.II, Nawada-cum-Motor Accident Claims Tribunal in M.V. Claim Case No.97/2004/20/2007 by which the claim application filed by the appellants has been dismissed. The case of the appellants, in brief, is that on 25.11.1996, the driver Shamim Khan, Khalasi Sajid Khan and owner Manjar Alam were going to Samastipur after loading coal from Jharia on Truck bearing registration no.WB-03-0312. On 26.11.1996 at about 4.00 P.M., the Truck crossed Nawada and Biharsharif. In the meantime, the unknown criminals kidnapped the truck with the aforesaid persons and killed them. After search, the truck was located at Biharsharif on 2.01.1997. Laheri P.S. Case No.2/97 was instituted for the offence punishable under Sections 414 of the Indian Penal Code. After investigation, it came to light that the aforesaid driv...
Tag this Judgment!The State of Bihar and Others Vs. Upendra Kumar Thakur @ Upendra Kumar ...
Court: Patna
Decided on: May-07-2014
S.P. Singh, J. 1. Under challenge, in the present appeals, is the judgment, dated 25.11.2013, passed, in Sessions Trial No. 1480 of 2011, by learned Additional Sessions Judge-ii, Patna, and the order, dated 07.12.2013, whereby various sentences have been passed against the accused-appellants. 2. By the impugned judgment, learned trial Court has convicted the accused-appellants under Sections 394, 411 and 302 read with Section 34 of the Indian Penal Code. Following their conviction under Section 302 read with Section 34 of the Indian Penal Code, both the accused-appellants have been sentenced to death and also pay fine of Rs. 10,000/- each and, in default of payment of fine, suffer simple imprisonment for three months. For their conviction under Section 394 read with Section 34 of the Indian Penal Code, both the accused-appellants have been sentenced to undergo imprisonment for life and pay fine of Rs. 1,000/- each and, in default of payment of fine, suffer simple imprisonment for three...
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