Court : Patna
C.M. Prasad and Dharnidhar Jha, JJ.1. The eleven appellants before us were put on trial by the Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 380 of 1989 for charges under Sections 302 and 149 or the Penal Code and, by the judgment of conviction dated 14.8.2008, were held guilty of committing the above offences. While passing sentences against the appellants on 18.8.2003 the learned Presiding Officer of the Fast Track Court-III, Saran at Chapra directed each of the appellants to suffer rigorous imprisonment for life. No sentence of fine was imposed on any of the appellants. The appellants have questioned their conviction and the quantum of sentence before us through the present appeal.2. The deceased of the case, namely, Smt. Ram Kali Devi is also the informant of the case. She appears making a statement in a field, which appears a bone of contention between the parties. The deceased stated in her fardbayan recorded on 2.12.1988 at 16 hours (4 P.M.) that she was getti...
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S.K. Katriar, J.1. The petitioner of C.W.J.C. No. 15002 of 2004 (Subhash Chandra Singh v. The Bihar State Food & Civil Supply Corporation Ltd. and Ors.), has preferred this appeal under Clause 10 of the Letters Patent of High Court of Judicature at Patna, and is aggrieved by the order dated 23.1.2006, by a learned Single Judge of this Court, whereby the writ petition has been dismissed, and the order dismissing the petitioner from service has been upheld.2. A brief statement of facts essential for the disposal of the appeal may be indicated. The petitioner (appellant herein) had joined the services of the respondent Corporation in 1975 as a Godown Manager. By order dated 7.12.1993, he was placed under suspension for misappropriation of the Corporation's properties. Charge-sheet dated 8.7.1994 was served on him wherein it was stated that he had misappropriated the Corporation's properties valued at Rs. 8,18,195/-. The petitioner appeared participated in the enquiry proceedings. The lear...
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.49 of 2003 =========================================================== Sheo Mangal Kuar, son of Late Rambrikchh Kuer, R/O Village-Gayghat, P.S. Brahmpur, Distt- Buxar.1st Party .... .... Petitioner Versus 1. Tileshwar Kuer, son of Late Sitaram Kuer.2. Baliraj Kuer, son of Late Palakdhari Kuer.3. Indrasan Kuer, son of Late Sidhnath Kuer.4. Praduman Pandey, son of Late Harvansh Pandey.5. Ramayan Pandey, son of Anant Pandey.6. Dhramdeo Kuer, son of Late Tilak Kuer.7. Chhatar Kuer, son of Late Shiv Kumar Kuer. 2nd Party. All 1 to 8 residents of village-Gayghat, P.S. Brahmpur, Distt-Buxar,Opposite Parties .... .... Respondent/s =========================================================== Appearance : For the Petitioner : Mr. Kumar Magalam, Adv. Mr. Akhileshwar Pandey, Adv For the O.P. : Mr. B.K. Sinha, Adv. For the State : Mr. Madan Kumar, APP. =========================================================== CORAM: HONOURABLE MR. JUST...
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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...
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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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S.B. Sinha, J. 1. In this application, the petitioner which is a company incorporated under the Indian Companies Act, 1956 question the bills raised by the Bihar State Electricity Board (hereinafter referred to as 'the Board') during the period March, 1992 to June, 1992. 2. The fact of the matter is not in dispute. The petitioner is a consumer of High Tensionelectrical energy having contract demand of 1275 K.V.A. of electrical energy in terms of an agreement dated 23-5-1979 as contained in Annexure 1 to the writ application. The Board installed a Trivector meter wherefor the petitioner has to pay rent. The transformer however was installed by the petitioner. According to the petitioner owing to highly unstable and erratic main supply voltage the current transfarmer and potential transformer (C.T.P.T.) of the Board's trivector meter was burnt on 9-5-1990. As the meter was burnt, the petitioner was billed on the basis of 4.03.528 units per month which was said to be the average unit c...
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P.K. Deb, J.1. This appeal has been preferred against the judgment and order dated 4.3.1989 passed by the Special Judge (2nd Additional Sessions Judge), Darbhanga, in Sessions Case No. 14 of 1988 convicting the accused-appellant under Section 20(b)(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, shortly called as N.D.P.S. Act, and sentencing him to undergo rigorous imprisonment for four years.2. The prosecution case, in brief, is that on 19.9.1987 Daya Shankar Rai, P.W. 9, the then officer-in-charge of Sadar Police Station, Darbhanga, received a confidential report to the effect that the accused-appellant, who was appointed as Chowkidar of cement pole factory, Katrahia, was still living within the premises of the factory although the said factory was closed down about one year back and that he had concealed Ganja within a room of the factory and was doing business with the same. A sanha entry was made on the basis of the report of the spy and then the officer-in-charge...
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V.N. Sinha, J.1. Heard learned Counsel for the petitioner and the counsel for the Union of India.2. Petitioner at the relevant time served as Sepoy/GD, Force No. 981280059 with the 114 Battalion of the CRPF. He filed this writ application on 30.6.2005 praying, inter alia, to direct the authorities of the CRPF, including the Commandant of 114 Battalion to accept his joining which was not being accepted and for such relief, he had already represented before the Deputy Inspector General and the Inspector General, vide his representations dated 15.4.2005 and 25.4.2005, as contained in Aannexure-1 and 1/A to this application, but the representations were not being considered. By filing supplementary affidavit dated 21.4.2006 in the office of this Court on 15.5.2007, copy whereof was served on the office of the learned Assistant Solicitor General of India on 17.8.2006, as is evident from the receipt appended with the said supplementary affidavit, petitioner further submitted that he was gra...
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Madhavendra Saran, J.1. This Government Appeal is against the order and Judgment dated 9.12.1992 passed by Smt. Santoshi Tiga, Judicial Magistrate, 1st class, Railway, Samastipur in Samastipur R.P.F case No. 10/1985 corresponding to Jr. No. 194/1992 by which learned Magistrate acquitted the respondents from the charges under Section 3 of Railway Property (Unlawful Possession) Act (in short as Act).2. The prosecution case, in short, is that on 31.1.1985 Birendra Kumar Singh, A.S.I along with police party proceeded to search the house of respondent Jagdish Sharma and when they reached near the house of Jagdish Sharma they found some persons engaged in concealing the properties here and there outside the house on the information given by Sitaram Sharma, brother of Jagdish Sharma about the arrest of son of Jagdish Sharma. It is further said that seeing the raiding party the persons so engaged fled away. House of respondent, Jagdish Sharma was searched and some properties alleged to be ra...
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Shiva Kirti Singh and Syed Md. Mahfooz Alam, JJ.1. This appeal is directed against judgment and order dated 21.12.1987 passed by learned 2nd Additional Sessions Judge, Gaya in Sessions Case No. 402/83/44/83 whereby appellant, Suresh Kumar Trithani @ Balo and his brother-in-law, Sadhu Ram Trithani (since dead) were convicted. Two other co-accused persons were however acquitted. Sadhu Ram Trithani was appellant No. 1 earlier in this appeal but his name has been expunged because he died during the pendency of the appeal. The remaining sole appellant, Suresh Kumar Trithani has been convicted for charges under Section 302 as well as under Sections 302/34 of the Indian Penal Act and awarded life imprisonment. He has also been convicted for the offence under Section 27 of the Arms Act and awarded RI for five years on that count. 2. The fardbeyan (Exhibit-1) of the informant Madan Gopal Roy (PW-1) was recorded by ASI, Rajendra Prasad of Gaya, Kotwali PS on 31.7.1983 at 1930 hours at Pilgrim H...
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