Court : Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.358 of 1990 =========================================================== Baijnath Mahto son of Sukul Mahto, resident of Mohalla Brhampura, Police Station Brhampura, District- Muzaffarpur. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s with Criminal Appeal (DB) No. 385 of 1990 =========================================================== Sukul Mahto son of late Mishri Lal Mahto, resident of Mohalla Brhampura, Police Station Brhampura, District Muzaffarpur. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s =========================================================== [ Against judgment of conviction and sentence dated 24.8.1990 passed by Sri R. C. Shrivastava, learned 4th Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 274 of 1989 arising out of Brahmapura P.S. Case No. 64 of 1988 ] =========================================================== Appearance : (In CR. APP (DB) ...
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.358 of 1990 =========================================================== Baijnath Mahto son of Sukul Mahto, resident of Mohalla Brhampura, Police Station Brhampura, District- Muzaffarpur. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s with Criminal Appeal (DB) No. 385 of 1990 =========================================================== Sukul Mahto son of late Mishri Lal Mahto, resident of Mohalla Brhampura, Police Station Brhampura, District Muzaffarpur. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s =========================================================== [ Against judgment of conviction and sentence dated 24.8.1990 passed by Sri R. C. Shrivastava, learned 4th Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 274 of 1989 arising out of Brahmapura P.S. Case No. 64 of 1988 ] =========================================================== Appearance : (In CR. APP (DB) ...
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1. Sole appellant Ravindra Singh, who has been found guilty for an offence punishable under Section 25(1-B) a of the Arms Act and directed to undergo R.I. for three years as well as also fined of Rs.500/- in default thereof to undergo R.I. for one month additionally vide judgment of conviction and sentence dated 15.01.2013 rendered by Ad-hoc Additional Sessions Judge, IIIrd, Munger has challenged the same. 2. PW-2, Rakesh Kumar, Officer-in-charge of Hemzapur O.P. recorded his self-statement on 30.01.2012 at about 05:00 A.M. at Durgapur Middle School alleging inter alia that on the same day at about 03:00 A.M. he received confidential information with regard to assemblage of anti-social elements at Durgapur Middle School who were planning to commit an offence, constituted a raiding party and conducted raid during course of which all the other accused managed to escape while appellant Ravindra Singh was apprehended. From his possession one country made loaded pistol along with two, .315 ...
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I.P. Singh, J.1. The sole appellant has been convicted under Section 7 of the E.C. Act and was sentenced to undergo S.I. for three months.2. The prosecution case in short is that on 1-12-1984 at about 8. A.M., the informant along with other officials of the Supply Department visited the shop of the accused and found the same was closed. On confidential enquiry, it could be gathered that on receiving information about the arrival of the Supply Department officials for inspection of the shop of the accused, he locked the shop and escaped. The notice board was incomplete and the same was hung outside of the shop. The appellant had also taken away with him the relevant papers of his business. It has been stated that on notice board only the rate of sale of sugar was mentioned. It was also written by the appellant that he was going to Mahua. The entries of articles were undated. A certified copy of the notice board was prepared in presence of the witnesses. Since, the shop of the appellant...
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Dharampal Sinha, J.1. This second appeal is directed against the judgment and decree passed by Sri S.N. Sinha, 1st Additional District Judge, Darbhanga on 7.12.1977 in Tide Appeal No. 127 of 1974/7 of 1977 affirming the judgment and decree of the Trial Court passed on 19.9.1974 in Title Suit No. 276 of 1968/2 of 1974.2. The appellants herein were defendants 1st party against whom Respondent 1st party in the appeal (who were the plaintiffs) had instituted the suit for declaration of title and recovery of possession besides mesne profits in respect of the properties involved in the suit. With regard to the land in suit Jadu Rai, respondent 3rd party (defendant 3rd party before the trial court) had executed two sale-deeds--one dated 14.9.1965 (Ext. I/A) in favour of the plaintiffs-respondents 1st party and another sale-deed dated 7.2.1996 (Ext. A2) in favour of the appellants but in the benami name of the Damodar Rai, Respondent-defendant 2nd party.3. At the time of admission of this sec...
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S.K. Katriar, J.1. The sole petitioner has preferred this criminal revision application against the impugned judgment dated 5-1-93, passed by Shri Jiwan Tigga, 1st Additional Sessions Judge, Nalanda, Biharsharif, in Cr. Appeal No. 22/26 of 1987/88, Rama Mistri v. State of Bihar, whereby the judgment of the trial Court has been affirmed in lull. The learned SDJM, Hilsa, by his judgment dated 9-4-87, passed in GR Case No. 1128/ 79 (Trial No. 314 of 1987) State through Yogeshwar Singh, SI, Hilsa Police Station v. Rama Mistry, has convicted the petitioner herein under Sections 25-A and 26 of the Arms Act, 1959 (hereinafter referred to as 'the Act'), and sentenced him to one year rigorous imprisonment under Section 25-A, but did not inflict any separate sentence under Section 26 of the Act.2. During course of raid by the Sub-Inspector of the Hilsa Police Station, from the residential premises of the petitioner on 28-12-79, at about 5.45 p.m., a number of incriminating materials meant to m...
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P.K. Deb, J.1. This appeal has been preferred by the State Government against the judgment and decree dated 25-9-1987 (decree signed on 16-11-1987) by the then Land Acquisition Judge, Dhanbad in Land Acquisition Reference Case No. 6 of 1987.2. When the appeal was preferred by the State, the claimants-respondents have also filed Cross-Appeal under Order XLI, rule 22 of the Code of Civil Procedure wherein they claimed more than what has been assessed as market value of the acquired land by the Reference Court and also interest and solatium on the basis of the Amended Act, as has been held by the apex Court as reported in : AIR1985SC1576 .3. About 12 acres of land was acquired vide declaration No. 4799 dated 31-5-1962 for the purpose of Bokaro Steel Project in L.A. Case No. 21 of 1962-63. The Notification under Section 4 and the declaration under Section 6 of the Land Acquisition Act was published in the Gazette on 31-5-1962. The Collector made award in the name of the claimants-respond...
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S.K. Chattopadhyaya, J.1. Heard Mr. Singh, on behalf of the petitioner, Mr. Dayal, on behalf of the State and Mr. Shakil Ahmad, on behalf of Opposite Party No. 2 and with their consent this application is disposed of at the admission stage itself.2. This application under Section 439(2) of the Code of Criminal Procedure has been filed by the informant with a prayer to cancel the order of bail given to Opposite Party No. 2 by the learned Vacation Judge, Saran, Chapra by order dated 5-11-1993 in Bail Petition No. 712 of 1993.3. Pursuant to order dated 28-2-1994, letter of D.I.G., Tirhut Range, Muzaffarpur has been received which is at Flag-P. It appears from the letter dated 9-5-1994 that there is no report of Sri V.D. Ram, the D.I.G. in the office of the D.I.G., Tirhut Range, Muzaffarpur.4. It is submitted on behalf of the petitioner that from mere perusal of the impugned order it is clear that the learned court below has not properly appreciated the case of the prosecution. It is urge...
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Ajay Kumar Tripathi, J.1. The origin of the present writ application is an order dated 29.9.2007 passed by learned Munsif-cum- Election Tribunal, Gopalganj in Election Petition No. 2 of 2006.2. By virtue of this order the Election Tribunal has directed the Returning Officer to bring all the ballot boxes containing ballot papers of Grampanchayat Raj Siswan for the purpose of verification and recounting of votes cast in the said election on the basis of the allegation made in the election petition filed by respondent No. 7, Biresh Rai. The impugned order therefore is annexure-4 which is the subject matter of challenge in the present writ application.3. The basic fact is that the petitioner is the Mukhiya who was returned candidate on the declaration of the result after counting. Private respondent No. 7 lost election by 99 votes and he decided to challenge the result and the election of the present petitioner by filing Election Petition No. 2 of 2006 before learned Munsif, Gopalganj who ...
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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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