Court : Jharkhand
Reported in : 2007(2)BLJR1363
1. Dr. S.C. Mishra is the Chief Medical Officer working in Dr. Ram Manohar Lohia Hospital, New Delhi. His son Abhishek Mishra was studying in B.I.T., Mesra, Ranchi, Jharkhand.2. On 08.12.2006, he received a telephone call from one Ragini, the daughter of Shri Laloo Prasad Yadav, Union Railway Minister, who is also studying in same college and a college friend of his son, informing him that Abhishek his son got drowned in Dassam Fall.3. Then the parents of the deceased as well as the relatives of the deceased took flight and came to the spot on 09.12.2006, only on the next day.4. The body was fished out from Dassam Falls. He found serious cut injuries on the body of the deceased. Without conducting any investigation as to real cause of death, the police hurriedly made an announcement that death was due to drowning.5. He was informed that Ragini Kumari and two other friends, who accompanied to Dassam Falls, were taken to the Chief Minister's House on 08.12.2006 night. Thereafter, they we...
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR54; 2001CriLJ209
D.N. Prasad, J.1. This criminal appeal is directed against the judgment and order of sentence dated 9.2.1994 passed by 5th Additional Sessions Judge, Dhanbad in S.T. No. 17 of 1989, whereby and whereunder the learned Court below has been pleased to convict the sole appellant under Section 323 of the Indian Penal Code and has been pleased to order that the appellant shall be released on interim bond of Rs. 2,000/- with one surety of the like amount for maintaining peace and good behaviour for a period of one year.2. The prosecution case in brief as alleged that on 27.4.1987 at about 9.30 a.m. when Kameshwar Mondal, Basant Kumhar and Jagdish Sharma employees of Kapasara Colliery on the orders of the officers of the Colliery were removing the articles of the old quarter of Bhagat Bhowrah, Madan Yadav having a lathi came there and started assaulting Kameshwar Mondal, who fell down sustaining the injuries. On hulla, other employees rushed to the spot and thereafter the appellant Madan Yadav...
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR243; 2001CriLJ578
D.N. Prasad, J.1. This appeal is directed against the Judgment of conviction dated 24.8.1998 and order of sentence dated 27.8.1998 passed by the learned Sessions Judge-cum-Special Judge, Dhanbad, in G.R. Case No. 2950 of 1996, whereby and where-under, he convicted the appellant under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the N.D.P.S. Act') and sentenced him to undergo rigorous Imprisonment for four years.2. The prosecution case in brief as stated is that on 27.9.1996 at about 2.00 p.m. while the informant was passing through Balika Vidyalaya near Bagan Dhowra with a constable noticed that a person was coming on a bicycle from the side of Kumardhubi Market and he had a Jhola on his bicycle and on seeing them, he started fleeing away but he was chased and caught. On search, four kilograms of ganja was recovered from his jhola but he failed to produce any document in respect of the said ganja. accordingly, seizure list was prep...
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR615; 2001CriLJ557
ORDERDeoki Nandan Prasad, J.1. This criminal revision application is directed against the order dated 30.9.2000 passed by the Sessions Judge, Giridih in Misc. Petition No. 6/2000, arising out of complaint case No. 1116 of 1999, whereby and whereunder the learned Sessions Judge cancelled the bail of the petitioners which was earlier granted by the Judicial Magistrate, 1st Class, Giridih vide his order dated 25.7.2000 and 26.7.2000.2. The short facts giving rise to this revision are that the opposite party No. 2 filed a complaint case No. 1116/99, in the Court of learned Chief Judicial Magistrate, Giridih against the petitioners and others for the offence under Sections 147, 450, 120B, 504, 506, 295A and 380 of the Indian Penal Code. It is alleged that the opposite party No. 2 is a Secretary of Tanzim-a-Sufia Ashram situated in Mohalla Baxidih, Giridih and the said Ashram is conducted by local Guru, namely, Sufi Baba Shah Kalader. It is further alleged that the accused persons/petitioner...
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR633
D.N. Prasad. J.1. This Criminal Revision is directed against the Judgment, dated 20.9.1996 passed by the Sessions Judge. Palamau in Cr. Appeal No. 99 of 1995 by which he set-aside the conviction and sentence passed against the accused Lakhan Shukla, Mahinder Shukla and Anuj Shukla underSection 494 of the Indian Penal Code but maintained their conviction and sentence passed by the trial Court against all the petitioners under Section 498A of the Indian Penal Code.2. The case of the prosecution In brief as stated that one Subhadra Devi was married with petitioner Anil Shukla in the year 1983 and out of the said wedlock a female child was born In the year 1985. The marital relationship between the couple was not happy soon after the marriage and Subhadra Devi was being subjected to cruelty and torture by her husband and her in-laws as they were demanding a sum of Rs. 10,000/- in addition a motor-cycle and due to non- fulfilment of the demand she was being tortured by the petitioners.3. Ac...
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR7; 2001CriLJ3835
D.N. Prasad, J.1. This Criminal revision is directed against the judgment dated 6-10.1997 passed by the learned Sessions Judge, Giridih in Criminal Appeal No. 45/95 by which the learned Sessions Judge, Set-aside the conviction of the Opposite Parties Nos. 2 to 5.2. The prosecution case in brief is that on 16.3.1990 at about 11 a.m. One Shyamsnnder Ram/Petitioner along with his nephew Jai Prakash Ram while had been for cutting a branch of Jackfruit Tree, the opposite parties Nos. 2 to 5 arrived there and started abusing them and threatened with dire consequences. The opposite party No. 2 Girja Debi pelted stone upon the petitioner, which hit him causing injury. The opposiie party Nos. 2 to 5 also started assaulting the petitioner with fist and slaps. It is further alleged that opposite party No. 4 Nand Lal Vishkarma took away a sum of Rs. 200/- in cash which was kept in the pocket of the petitioner. On hullah, the villagers rush to the spot, thereafter the opposite parties Nos. 2 to 5/-...
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR20
D.N. Prasad, J.1. This Criminal Revision is directed against the order dated 19.6.1997 by which the learned Judicial Magistrate framed charge underSections 406/506/448/341/34 and 504 of the Indian Penal Code.2. The short facts giving rise to this application is that the informant has got a grossry shop at Bherno from where petitioner No. 1 used to obtain commodities on credit and a sum of Rs. 3549/- was due and the said amount was repeatedly demanded by the informant but the petitioner No. 1 was not paying the same. It is further alleged that the petitioner No. 1 came in front of the shop of the informant when the son of the informant demanded the dues and thereafter the petitioner No. 1 become angry and used filthy language and started assaulting, petitioner No. 2 to 6 who are the sons of the petitioner No. 1 also came there and started assaulting the informant and his son. It is further alleged that the accused-persons also threatened to set fire the jeep of the informant. Accordingl...
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR209; 2001CriLJ1114
D.N. Prasad, J.1. Both the cases heard together as they arisen out of the same FIR being Dhanbad (Saraidhela) PS. Case No. 788 of 1998 under Section 7 of the Essential Commodities Act and are being disposed of by this common judgment.2. Both the applications under Article 226 of the Constitution of India and under Section 482 of the Code of Criminal Procedure have been filed by the petitioners/accused persons for quashing the entire criminal proceedings initiated against the petitioners as well as for quashing the order dated 6.1.1999 passed by the learned Special Judge, Dhanbad in E.C. Act in connection with Saraidhela P.S. Case No. 788 of 1998, whereby the learned Judge took cognizance under Section 7 of the Essential Commodities Act.3. The brief case of the prosecution as stated that on 28.8.1998, the Petrol Pump of M/s. Sunil Services Petrol Pump, Saraidhela was inspected by the raiding party in pursuance of the direction of the SDO Dhanbad. It was detected that the stock and price...
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR78; 2001CriLJ1650
M.Y. Eqbal, J. 1. Reference has been made by the 5th Additional Judicial Commissioner, Ranchi under Section 366 of the Code of Criminal Procedure for confirmation of death sentence of the convict Surendra Singh Rautela alias Surendra Singh Bengali, whereas the said convict filed Criminal Appeal No. 115/2000 (R) for setting aide the judgment and order and another convict Md. Anis filed Criminal Appeal No. 130/2000 (R) for setting aside the judgment and order passed by the said Court. The appellant-State of Bihar also filed Govt. Appeal No. 17/2000 (R) under Section 377(3) of the Code of Criminal Procedure for enhancement of punishment of life imprisonment of the convict Md. Anis to death penalty. All these cases have been heard together and are being disposed of by this judgment. 2. Appellant Surendra Singh Rautela alias Surendra Singh Bengali has been convicted for the offence under Section 302 of the Indian Penal Code andalso under Section 307 of the Indian Penal Code and is sentenced...
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR970; 2001CriLJ1110
Deoki Nandan Prasad, J. 1. This criminal appeal is directed against the judgment of conviction and order of sentence dated 7-1-1992 passed by Shri Ishwari Prasad, Special Judge, C.B.I., Ranchi, in R.C. 1 of 1988 (Tr. No. 33 of 1992) by which the learned Judge convicted the appellant under Section 409 of the Indian Penal Code and Section 13(1)(c) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act') and sentenced him to undergo rigorous imprisonment for three years under Section 409 of the Indian Penal Code and to pay a fine of Rs. 5,000/- and in default to undergo simple imprisonment for one year and further stentenced him to undergo rigorous imprisonment for three years under Section 13(1)(c) of the Act, Both the sentences have been ordered to run concurrently.2. The case of the prosecution in brief as stated in that on confidential information it was learnt that Shri H.N. Sen, Accounts Officer and Shri Shiv Prakash, Cashier of the National Institute of Foun...
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