Court : Patna
1. This is a writ petition for release of the petitioner from judicial custody in G.R. Case No. 1/99, arising out of Bairgania P.S. Case No. 1/99, currently pending in the Court of the Chief Judicial Magistrate, Sitamarhi, on the ground that his continued detention with effect from 31.3.99 is in the teeth of the provisions of Section 309(2) of the Criminal Procedure Code, 1973 (hereinafter referred to as 'the Code').2. Mr. Prasoon Sinha, learned Counsel for the petitioner, submitted that the present petitioner is a named accused in Bairgania P.S. Case No. 1/99, wherein allegations have been levelled against the petitioner and others under Sections 364, 323 and 307, read with Section 34 of the, I.P.C., as well as Section 27 of the Arms Act. The same was started on the basis of the information of one Rina Devi, recorded on 1.1.99 with the Bairgania Police Station. In view of the issue arising in the writ petition, there is no need to go into the allegations set out in the FIR, a copy of...
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1. This appeal has been preferred by the appellant Rajiv Singh against the judgment of conviction dated 21.10.2011 whereunder, he has been found guilty for an offence punishable under Sections 304B, 201, 498A of the I.P.C. and sentence dated 25.10.2011 directing to undergo rigorous imprisonment for ten years under Section 304B of the I.P.C., rigorous imprisonment for two years as well as also slapped with fine appertaining to Rs. Five thousand in default thereof, to undergo simple imprisonment for one month additionally under Section 201 of the I.P.C., rigorous imprisonment for two years as well as also fined Rs. Five thousand in default thereof, to undergo S.I. for one month additionally, under Section 498A of the I.P.C. with a further direction to run the sentences concurrently. 2. After hearing both sides as well as going through the record, certain admitted fact is to be taken note of for better appreciation. Appellant Rajiv Singh happens to be the husband of Rani Archana Sinha (so...
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I.A. Ansari, J. 1. Under challenge, in the present appeals, are the judgment, dated 13.01.2014, of conviction, in Sessions Trial No.242 of 1987, by learned Ad hoc Additional Sessions Judge II, Vaishali at Hajipur, and the order, dated 18.01.2014, whereby sentences have been passed against all the accused-appellants. 2. By the impugned judgment, the learned trial Court has convicted all the accused-appellants, except accused-appellant, Kameshwar Singh, namely, (i) Uday Kumar Singh @ Uday Singh, (ii) Ranjeet Choudhary, (iii) Ram Babu Singh, (iv) Sachitanand Singh @ Sachchidanand Singh, (v) Sanjay singh, (vi) Kapildeo Singh, (vii) Sunil Kumar Singh, and (viii) Surendra Singh, under Sections 302 read with Section 149 of the Indian Penal Code. Following their conviction under Section 302 read with Section 149 of the Indian Penal Code, the accused-appellants, namely, (i) Uday Kumar Singh @ Uday Singh, (ii) Ranjeet Choudhary, (iii) Ram Babu Singh, (iv) Sachitanand Singh @ Sachchidanand Singh,...
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I.A. Ansari, J. 1. By the judgment and order, dated 05.06.2006, passed, in Sessions Trial No. 781 of 2003, by learned Additional Sessions Judge, Fast Track Court No. II, Jamui, the appellant, Kamli Devi, stands convicted under Section 302 of the Indian Penal Code. Following her conviction under Section 302 of the Indian Penal Code, the accused-appellant, Kamli Devi, has been sentenced to undergo imprisonment for life. 2. The case of the prosecution may, in brief, be described thus: (i) On the night of 2nd June, 2003, when Prakash Yadav (since deceased) was sleeping, on a cot, with his brother, Dharmendra Yadav (PW 8) and their father, Bhikho Yadav, Prakash Yadav cried out of pain. Shocked by his cries, PW 8 (Dharmendra Yadav) woke up and so woke up his father, Bhikho Yadav. In order to find out as to what had happened to Prakash Yadav, PW 8 (Dharmendra Yadav) switched on a torch-light and noticed, in the focus of the torch-light that, while Prakash Yadav was writhing in pain, accused, ...
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1. Appellants Lalo Chaudhary, Upendra Chaudhary, Rajo Chaudhary, Maheshwar Chaudhary, Sachidanand Chaudhary, Debo Chaudhary, Yogendra Chaudhary who have been found guilty for an offence punishable under Section 302/34 of the IPC, directing each of them to under go R.I. for life, under Section 148 IPC where for each of them independently directed to undergo RI for one year. Appellant Lalo Chaudhary held guilty for an offence punishable under Section 323 of the IPC and directed to undergo RI for six month with a direction to run the sentences concurrently vide judgment dated 27th March, 1990 passed by Sessions Judge, Saharsa in Sessions Trial No.49 of 1986 have preferred instant appeal. 2. Daso Mehta (P.W.6) recorded First Information Report on 19.06.1985 at 09:00 AM at Police Station disclosing therein that yesterday while his son Rajendra Mehta was harvesting maize crop from a field which they have taken on Batai from Sheo Ratan Bhagat along with his wife while wife of Upendra Chaudhar...
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This Appeal under Clause 10 of the Letters Patent preferred by the respondent no.9 arises from the judgment and order dated 16th September 2010 passed by the learned single Judge in CWJC No.12054 of 2010. The matter relates to appointment of Panchayat Shiksha Mitra under the Gram Panchayat Mohiuddinpur, P.S. Hansa, District-Samastipur under the then prevalent Scheme (hereinafter referred to as žthe SchemeŸ) and absorption as Panchayat Teacher under the Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules, 2006 (hereinafter referred to as œthe Rules of 2006?). The respondent no.10 Prashant Kumar approached this Court under Article 226 of the Constitution in CWJC No.12054 of 2010 to challenge the order dated 26th June 2010 made by the District Magistrate, Samastipur in Miscellaneous Case No.1 of 2010 and the order of cancellation of his appointment made by the Gram Panchayat on 1st January 2009. It appears that as early as in April 2003, the writ ...
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The petitioner has filed this criminal writ application under Articles 226 and 227 of the Constitution of India seeking following reliefs:- œ(i) For quashing of the F.I.R., bearing Alamganj P.S. Case No. 315 of 2012, registered under Section-135 of the Electricity Act, 2003 (hereinafter referred to as the Act) on the ground of being not maintainable as the same has been instituted for the same offence for which Alamganj P.S. Case No. 19 of 2009 was instituted; (ii) For a declaration that the second F.I.R. is not maintainable after quashing of the previous F.I.R./order taking cognizance in the previous F.I.R. for the same offence; (iii) For a direction to the respondents not to take any coercive steps against the petitioner in pursuance of Alamganj P.S. Case No. 315 of 2012; (iv) For a declaration that the F.I.R. instituted in contravention to the statutory provisions cannot be maintained; (v) For any other relief or reliefs to which the petitioner may be found deemed entitled to....
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I.A. Ansari, J 1. Under challenge, in the present appeals, are the judgment of conviction, dated 28.07.2007, in Sessions Trial No. 91 of 1992, by the learned Additional Sessions Judge, Fast Track Court No. II, Khagaria, and the order, dated 30.07.2007, whereby various sentences have been passed against the accused-appellants. 2. By the impugned judgment, learned trial Court has convicted all the accused-appellants, under Sections 342, 323 and 307 read with 34 of the Indian Penal Code and Section 302 read with Section 149 of the Indian Penal Code. The learned trial Court has also convicted the accused-appellants, namely, Mahendra Tanti and Ram Sharesh Tanti, under Sections 302 and 148 of the Indian Penal Code. The learned trial Court has further convicted the accused-appellants, namely, Bhadai Tanti, Chandra Deo Tanti and Bhujangi Tanti, under Section 149 of the Indian Penal Code. The trial Court has also convicted the accused-appellant, namely, Mahendra Tanti, under Section 148 of the ...
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S.P. Singh, J. 1. The present appeal has been filed against the judgment of conviction, dated 22.04.2013, under Sections 376 and 302 of the Indian Penal Code, passed by the learned Ad hoc Additional Sessions Judge-II, Samastipur, in Sessions Trial No. 278 of 2012/05 of 2013, and the order, dated 23.04.2013, sentencing him to suffer imprisonment for life and pay fine of Rs. 5,000/- (Five thousand) on each count, and, in default, suffer rigorous imprisonment for six months on each count. However, both the sentences have been directed to run concurrently. 2. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under: (i) Deceased Puja Devi, aged about 20 years, daughter of the informant, Ram Lakhan Giri (PW 4) was married, on 07.03.2011, to Raj Kumar Giri, son of the appellant, Bihari Giri. Since the wife of Bihari Giri had died and his son, Raj Kumar Giri, husband of Puja Devi, used to work, as a labour, in Rajasthan, Puja Devi used to live, in her matrim...
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S.P. Singh, J. 1. The present appeal is directed against the judgment of conviction, dated 18.09.2008, and the order of sentence, dated 20.09.2008, passed by the learned Additional Sessions Judge, Fast Track Court No. IV, Begusarai, in Sessions Trial No. 442 of 2004, whereunder the accused-appellant has been convicted under Section 302 of the Indian Penal Code and Section 27 of the Arms Act, 1959. For his conviction under Section 302 of the Indian Penal Code, the accused-appellant, Satish Kumar, has been sentenced to undergo imprisonment for life and, for his conviction under Section 27 of the Arms Act, 1959, the accused-appellant, Satish Kumar, has been sentenced to undergo rigorous imprisonment for three years. Both the sentences having been directed to run concurrently. 2. The prosecutions case, as made out in the fardbayan of the informant, Sujeet Kumar Singh, son of Vishundeo Singh, resident of Village Hajipur, P.S. Barauni, District Begusarai, recorded by S.M. Khurseed, Sub Inspe...
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