Court : Patna
..... the submission of the counsel for the petitioner that jharkhand high court does not have jurisdiction to direct release of the petitioner because he is lodged in a jail situate outside the state of jharkhand is simply untenable in view of the express provisions of clause (2) of article 226 of the constitution of india which provides that the power to issue directions, orders or writs to any government, authority or persons ..... this writ petition has been filed seeking direction upon the respondent-authorities to release the petitioner from bhagalpur central jail where he has been lodged on his conviction under section 302 of the penal code, on the ground that he has suffered imprisonment for 14 years.3. ..... bhagalpur being part of the state of bihar after division of the state under the bihar reorganisation act, 2000, the petition is maintainable. ..... for that reason, the jharkhand high court cannot issue any direction for release from bhagalpur jail. ..... the only argument of the counsel for the petitioner in support of the maintainability of the case is that the petitioner is lodged in bhagalpur central jail. ..... on behalf of the state reference was made to the provisions of section 27 and section 34(1) of the reorganisation act. .....
Tag this Judgment!Court : Patna
..... prasad, however, contends that for bringing home the charge with the aid of section 149 of the indian penal code, individual overt act is not necessary and, in case, it is proved that the accused persons being a member of unlawful assembly in prosecution of common object committed the crime, every person of that assembly shall be guilty of ..... occurrence, according to this witness, is that while deceased sudhakar singh was in jail, he had taken loan from kishori choudhary which he was not repaying. ..... pansari, at the relevant time, was posted as civil assistant surgeon at sadar hospital, khagaria and according to his evidence, he conducted the post mortem examination on the dead body of jitendra singh on 21.5.1998 gave post mortem report (ext.1) and ..... purshottam kumar sinha, is another civil assistant surgeon who had conducted the post mortem examination on the dead body of sudhakar singh without head and neck on 22.5.1998 ..... also been charged for illegally possessing arms for its use for unlawful purposes of committing murder punishable under section 27(1) of the arms act, appellants pleaded not guilty and claimed to be tried.6. ..... as they are in jail, they be set at liberty forthwith, unless required in any ..... is mention in the fir of the overt acts on the part of accused a-1 to a-5 ..... money from kishori choudhary on loan while he was in jail. ..... singh and rana singh were put on trial for commission of the offence under section 148, 302/149 and 201 of the indian penal code and 27(1) of the arms act. .....
Tag this Judgment!Court : Patna
..... conviction and sentence of other appellants were maintained, but in case of the petitioner, though conviction was affirmed but so far sentence is concerned, he was awarded benefit of section 4 of the probation of offenders act (hereinafter referred to as act for short), so that he may continue his job and may not lose his service. 5. ..... the police personnel are restrained, indulging in any such act, which can be termed as unbecoming of a person being member of police force. ..... simply because subsequently, he was released under section 4 of the act, in a criminal appeal, petitioner can not claim entitlement to be reinstated in ..... was only granted benefit of section 4 of the provision of probation of offenders act, so that he may not have to go again to jail. ..... while section 12 of the act states that person found guilty of such offences and dealt with under section 3 or 4 of the act, shall not suffer disqualification, attached to the conviction of an offence under any ..... however, the scope of section 4 of the act is much wider and it applies to any person, found guilty of having committed an offence for the first time, not punishable with death or imprisonment for ..... the benefit of section 4 of the act was granted to the petitioner, considering that he was in government service at the relevant ..... provision of section 3 or 4 of the act is invoked by the court. ..... the probation of offenders act is a social legislation, which was enacted with an object to reform juvenile offenders and the first .....
Tag this Judgment!Court : Patna
..... 508 of 2001) and sentencing each of them to undergo rigorous imprisonment for life under section 302 of indian penal code (in short 'ipc') and rigorous imprisonment for three years under section 27 of arms act, have been heard together and are being disposed of by this common judgment. 2. ..... 9), in his evidence, has said that on 10-5-1999, he was posted as civil assistant surgeon, sadar hospital, nawadah and on that day at about 7.20 a.m. ..... 508 of 2001 are in jail so they are directed to be released from jail at once, if not required in any other case. ..... munna was absconding so his case was separated and the case of appellants was committed to the court of session where charges under section 302 of ipc and section 27 of arms act were framed against . .....
Tag this Judgment!Court : Patna
..... section 60 of the evidence act bars hearsay evidence to be taken as admissible in law for proof of any occurrence/ fact13. ..... not only it, we also may get some corroboration from the evidence of victim(c.w.1) manwati devi, she has stated in her evidence that she was subjected to rape by someone who was in jail.24. ..... as a civilized society. .....
Tag this Judgment!Court : Patna
..... 518 of 1997 is in jail and he is directed to be released forthwith if not required in any other case.manohar lal visa, j.17. ..... he has stated that on 6-3-1994 he was posted at sadar hospital begusarai as civil assistant surgeon. at 6.50 a. m. ..... appellants in all the three appeals have further been convicted under section 27 of the arms act and have been sentenced to r. i. ..... 22 of 1994 under sections 148, 149, 324, 302 of the indian penal code and 27 of the arms act. .....
Tag this Judgment!Court : Patna
..... the sessions court framed charge against both the accused persons under section 302/34, ipc and section 27(3) of the arms act and on conclusion of the trial both the accused were convicted and sentenced as stated above.4. ..... the appellant is in jail and he is directed to be remain there for remaining period of his sentence.m.l. ..... pw 5 has admitted that he is contesting several cases with bhola singh both civil and criminal. ..... 198 of 1999 was instituted against bhola singh and arbind singh under section 302/34 of the indian penal code (hereinafter referred to as the ipc) and 27 arms act. .....
Tag this Judgment!Court : Patna
..... 7 has deposed that on 13-11-1980 he was posted as civil assistant surgeon at sadar hospital, siwan and at 11.30 a.m. ..... court held that the prosecution has been able to bring home the accusation against the appellant and it found him guilty under section 302 of the indian penal code and section 27 of the arms act and convicted and sentenced him as mentioned above.7. ..... he further stands convicted under section 27 of the arms act and has been sentenced to undergo rigorous imprisonment for two years. ..... he is directed to be released from jail custody forthwith if not required in any other case.aftab alam, j.21. .....
Tag this Judgment!Court : Patna
..... mahto @ bittan mahato, ajablal rai, raj kumar rai, mauje rai, binda rai, jintendra rai, son of ram lagan rai, ramanand mahto and chhuna rai have been convicted under section 27 of the arms act and have been sentenced to undergo rigorous imprisonment for three years and further appellants, namely, ram binod rai, bittan rai, ajablal rai, raj kumar rai, snehi rai, ram swarath rai, viswanath ..... upendra rai has criminal antecedent and is serving sentence in jail on his conviction in a murder case and the accused persons have been falsely implicated out of the enmity due to the previous litigation between the parties. 14. ..... the said fardbeyan was forwarded to the officer-in-charge, taryani to institute a case under sections 302, 307, 324, 323 and 34 of the indian penal code and 27 of the arms act on which first information report was lodged bearing tariyani police station case no. ..... in the cross-examination of these witnesses it is admitted that there was prior enmity between the prosecution and accused persons as both civil and criminal litigations are going on. ..... after investigation the charge-sheet was submitted, cognizance taken under various sections under sections 302, 302/149, 307, 323, 307, 148, 147 the indian penal code and 27 of the arms act and case was committed to the court of sessions. .....
Tag this Judgment!Court : Patna
..... town improvement trust, in a case under the madhya pradesh town improvement trusts act, 1960 this court held that the rates paid for small parcels of land do not provide a useful guide for determining the market value of the land ..... quarters, civil court, district jail, block development office, government hospitals, military quarters, doordarshan centers, hari shankar high school and middle school, koshi project and kanti mills, railway station etc ..... a safeguard is provided in section 25 of the act that the amount of compensation to be awarded by the court shall not be less than the amount awarded by the collector under section ..... similarly, section 24 of the act enumerates the matters which the court shall not take into consideration in determining the ..... considering the market value disinclination of the vendor to part with his land and the urgent necessity of the purchaser to buy it must alike be disregarded; neither must be considered as acting under any compulsion. ..... section 23 of the act enumerates the matters to be considered in determining compensation.the first criterion to be taken into consideration is the market value of the land on the date of the publication of the notification under section ..... the claimants thereafter filed application before the land acquisition officer and demanded reference under section 18 of the land acquisition act. ..... act claiming the valuation of the acquired land to be ..... act was published in december 1986 and the claimants received notice on 17.1. .....
Tag this Judgment!