Court : Patna
Dharnidhar Jha, J.1. Heard.The petitioner was found in possession of 1 pond of heroin as per the first information report as also the seizure memo. The allegation is that police, having learnt that some persons were likely to deal in heroin in Gandhi Maidan, had put itself on wait and then the seizure was made from the petitioner and another accused Amit Kumar.2. The contention is that admittedly there was no compliance of Section 50 of the N.D.P.S. Act and in the light of State of Punjab v. Balbir Singh reported in : (1999)6SCC172 the seizure of one pound of heroin from the possession of the petitioner could not be of any significance and in fact it could not be said to be a seizure and as such the petitioner should be admitted to bail. It was further contended by citing before me 1995 (2) P.L.J.R. 387 Satyendra Sah v. The state of Bihar that the non-compliance with the mandatory provision of Section 50 N.D.P.S. Act could be considered at the time of hearing of the petition for bail ...
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Narayan Roy, J.1. Heard Counsel for the parties.2. The Death reference and the Criminal Appeals have been heard together and are being disposed of by this common judgment.3. Appellant Rajo Yadav, Babloo Yadav, Manoj Yadav, Sanjay Yadav and Bishwa Nath Yadav have been found guilty for an offence under Section 302 read with Section 140 of the Indian Penal Code and have been sentenced to death, whereas appellant Shatrughan Yadav has been found guilty under Section 302 read with Section 149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 25,000/-. Appellant Rajo Yadav and Babloo Yadav have also been found quality under Sections 27 and 35 of the Arms Act. However, no separate sentence has been passed under these counts.4. The prosecution case, as disclosed in the fardbeyan (Ext. 5) briefly stated is that in the night of 23/24.2.1997 while he was sleeping in his verandah and his father, step-mother, step-brother and step-sister ...
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Shiva Kirti Singh and Shailesh Kumar Sinha, JJ.1. This appeal is against the Judgment and Order dated 22/28-2-2003 passed by 3rd Additional Sessions Judge, Nalanda at Biharsharif in Sessions Trial No. 456 of 1998 whereby appellant No. 5, Shambhu Prasad has been convicted for offence under Section 302 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and awarded life imprisonment and the remaining four appellants have been convicted for the offence under Section 302 read with Section 149 of the I.P.C. and also awarded life imprisonment. Appellant No. 2, Dhananjay Kumar and appellant No. 5, Shambhu Prasad have been further convicted under Section 27 of the Arms Act and awarded R.I. for five years but the sentences are to run concurrently. Two co-accused namely Sitaram Mahto and Ram Awatar Prasad have been acquitted of the charge under Section 302/149 of the I.P.C. and Section 27 of the Arms Act by giving them benefit of doubt.2. The prosecution case as contained in fardbe...
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Prabhat Kumar Sinha, J.1. All the appellants, above named, stand convicted Under Section 304B read with Section 34 of the Indian Penal Code (the Code, in short) and sentenced to rigorous imprisonment for life. The appellants have further been convicted Under Sections 3 and 4 of the Dowry Prohibition Act and further sentenced to undergo rigorous imprisonment for six months each, and to pay a fine of rupees five thousand each, for both the offences separately, or to undergo simple imprisonment for two months in default to pay the fine. The sentences of imprisonment were ordered to run concurrently.2. This is a case with two dying declarations, firstly the Fardeyan (Exhibit-5) recorded by a Police Officer on 7.6.1992 (the date of occurrence being the same date) at 8.15 p.m. in the hospital, of the deceased Parveen @ Shama, hospitalized in a seriously burnt condition and the second being statement recorded by Mr. Pyare Mohan Lal, Sub-Divisional Judicial Magistrate, then posted at Gaya, on...
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Dharnidhar Jha, J. 1. The sole appellant Vivekanand Mishra, a constable in Bihar Police Force, was tried for charges under Sections 302 and 353 of the IPC and Section 27 of the Arms Act in Sessions trial No. 32 of 2002/97 of 1994 which arose out of Khizersarai P.S. case No. 32 of 1992 and was found guilty of committing the above noted offences by the Presiding Officer-cum-Additional Sessions Judge, Gaya by a judgment and order of conviction dated 24th of May, 2002 and was directed to suffer rigorous imprisonment for life under Section 302 of the IPC. The learned trial Judge did not pass any separate sentences for the conviction of the appellant under Section 353 of the IPC and Section 27 of the Arms Act. The above judgment and order of conviction as also sentence has been assailed in the present appeal.2. The charges related to an occurrence dated 20th March, 1992. The prosecution story as contained in Ext-2, the fardbayan of P.W.5, constable Ramchandra Chauhan, states that at the abo...
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S.B. Sinha, J.1. All these three writ applications involving common question of fact and law were taken up for hearing together and are disposed of by this common judgment.2. The petitioners in these writ applications questioned a notification dated 29th December, 1952 issued under Section 29 th of the Indian Forest Act which is contained in Annexure 1 to all the writ applications inter alia on the ground that the lands in question had been recorded as Gair-Mazura am Land and were in the nature of raiyati and thus the same could not have been a subject-matter thereof.3. The petitioners have contended that the said lands belonged to one Thakur Man Mohan Deo who was the landlord of the Rohani Ghatwali Estate and it, therefore, did not vest in the State of Bihar. In the year 1952, it was further submitted that the lands in question were neither forest lands nor waste lands and thus the notification dated 29th December, 1952 could not have been issued by the State in exercise of its power...
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Prasun Kumar Deb, J.1. Both these writ petitions have been heard together as they relate to the same criminal case in which both the petitioners have been entangled.2. Originally both the writ petitions had been filed for quashing the entire proceedings arising out of First Information Report lodged in Mufassil Thana (Chaibasa) P.S. Case No. 14 of 1991 for offences under Section 161 and 120B of the Indian Penal Code and under Section 5(2) of the Prevention of Corruption Act, 1947 which was filed before respondent No. 3, that is, the Officer-in-charge of Chaibasa Mufassil P.S. by respondent No. 2 Sri Murlidhar Vishwakarma, the then Stenographer to the Deputy Commissioner of Chaibasa. At the time of the writ petitions were filed, the case was pending as Mufassil P.S. Case No. 14 of 1991 before the Special Judge, (P.C. Act) at Ranchi although originally it was pending before the Chief Judicial Magistrate, Chaibasa. Before the Special Judge, the Case was registered as Special Case No. 6 o...
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D.N. Prasad, J.1. This criminal appeal arises out of the order of judgment and conviction passed by the then 2nd Additional Sessions Judge, Giridih in S.T. No, 146/84 by which the learned Judge convicted the appellant under Section 302, I.P.C. for the death of Manju Devi by administering poison and sentenced him to undergo R.I. for life. No separate conviction under Section 328, I.P.C. was passed.2. The short facts giving rise to the prosecution case as alleged that on 31 -8-1982 a fardbeyan of Bisheswar Ram Gupta was recorded alleging therein that on the same day at about 11 a.m. one boy from village Malho came to him and informed that something happened to his daughter Manju Devi and asked him to reach to village Malho. On this information, the informant reached to village Malhi on his own truck and he reached to the house of accused Darogi Ram father-in-law of Manju Devi at village Malhi and found a crowd being assembled there. The Information entered into the house and found his ...
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1. Both the Letters Patent Appeals arise out of judgment and order dated 20-4-2000 by a learned Single Judge of this Court in CWJC No. 1479 of 1999. In view of the nature of the case, both the appeals have been heard together in detail at the stage of admission itself and are being disposed of by this common order.2. LPA No. 914 of 2000 has been preferred by the writ petitioners against that part of the judgment under appeal by which prayer for a direction to the respondents which include Hindustan Petroleum Corporation Limited (hereinafter referred to as 'the Corporation'), a Government company, to vacate the premises in question has been refused. This was sought as a consequential relief after the main relief for quashing of letter dated 28-12-1998 (Annexure-5) issued by the Corporation in terms of Section 5(2) read with Section 7(3) of the ESSO (Acquisition of Undertakings in India) Act, 1974 (hereinafter referred to as 'the Act') was allowed by the learned Single Judge. LPA No. 93...
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M. Saran, J. 1. Cr. Appeals No. 219 of 2004 and 202 of 2004 have been heard together and are being disposed of by this common judgment.2. These two appeals have been preferred against the common judgment and order of conviction dated 31.3.2004 passed by Sri Satendra Kumar Pathak, Additional Session Judge, Fast Track Court No. 3, Patna in Session Trial No. 376/1998 whereby and whereunder he convicted the appellants Under Section 304B/34 of the Indian Penal Code (in short as IPC) and sentenced each of them to undergo R.I for 10 years and also to undergo R.I for four months Under Section 3 of Dowry Prohibition Act and to pay a fine of Rs. 2,500/- and in default of payment of fine to further undergo R.I for one month. The sentences, however, have been ordered to run concurrently.3. The prosecution case, in short, is that informant, Rajesh Kumar Sinha, lodged a written report on 19.12.1996 before Officer-in-Charge, Shastrinagar police station alleging therein that his sister Indu was marr...
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