Court : Patna
S.P. Singh, J 1. The present appeal has been filed by the two accused-appellants, namely, Niraj Singh and Ranjeet Singh, against judgment of conviction, dated 28.01.2006, under Sections 302 read with Section 34 of the Indian Penal Code, passed by Additional Sessions Judge, Fast Track Court-III, Jehanabad, in Sessions Trial Nos. 205 of 2005/126 of 2005, arising out of Karpi P.S. case No.107 of 2004, G.R. No. 1857 of 2004. The accused-appellants have been sentenced, by order, dated 31.01.2006, to suffer imprisonment for life under Section 302 read with Section 34 of the Indian Penal Code. 2. During the hearing of the appeal, appellant, namely, Niraj Singh, took the plea of juvenility vide I.A. No. 724 of 2014, whereupon his conviction was set aside and the case against him was remitted to Juvenile Justice Board, Arwal, for being dealt with in accordance with law. 3. It would be still relevant to state here that in Karpi P.S. Case No. 107 of 2004, dated 20.11.2014, from which the trial ar...
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Navaniti Pd Singh, J 1. By this election petition, the election petitioner has challenged the election of the sole respondent who has been declared elected as a Member of the 15th Bihar Legislative Assembly from 220 Obra General Assembly Constituency for which the last date for filing nomination paper was 03.11.2010. The date of scrutiny of nomination paper was 04.11.2010. The last date for withdrawal of candidature was 06.11.2010. The voting had taken place on 20.11.2010 and counting was done and results declared on 24.11.2010. 2. The election petitioner was the official candidate of Janta Dal (United). He had been elected from the said Constituency on earlier occasion as well. He lost to the sole respondent who was the independent candidate. 3. The solitary ground on which the election of sole respondent has been challenged is that the respondent was disqualified in terms of Article 191 (1) (a) of the Constitution of India as he was in Government employment when his nomination paper ...
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1. Appellant, Dinesh Das has been found guilty for an offence punishable under Sections 22(C) of the NDPS Act vide judgment dated 28.02.2012 and sentence to undergo RI for 10 years as well as fined of Rs. 1 Lac in default thereof, to undergo SI for two years vide order dated 29.02.2012 by 2nd Additional Sessions Judge-cum-Special Judge, West Champaran at Bettiah in Kangli P.S. Case No. 18/2010 has preferred this appeal. 2. Ganke Atwa, a SSB Constable filed a written report on 03.07.2010 before Officer-in-charge, Kangli P.S. alleging inter alia that on the same day at about 5.30 a.m., SSB Hawildar No. 9187147, Wamsi Atwa on getting confidential information, along with constable, Narendra Pd. Dewari, K. Pawalingam, Prashant Goswami, Tumo Kamdak came near Kangli railway halt at about 6:00 a.m. where they found one person standing west to road near tea stall of Jainuddin Mian in suspicious state and on account thereof, was apprehended. Local inhabitants were requested to become seizure lis...
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1. The present appeal arises out of judgment dated 05.07.2002 passed by the learned Presiding Officer, Fast Track Court No.IV, East Champaran at Motihari in Sessions Trial 285 of 1987 by which the appellants were acquitted of the charges under Sections 341, 235 and 307/34 of the IPC but were convicted of different offences. Appellants Sheo Balak Raut and Siyaram Raut were held guilty of committing offences under Sections 447 and 324 IPC and they were directed to suffer simple imprisonment for three months and two years respectively. Likewise, appellant Nand Kishore Raut was also convicted under Sections 447 and 323 IPC and was directed to suffer simple imprisonment for three years and six months respectively on the two counts. 2. It appears that the appellants and the informant were residing in the same Angan and it appears further from the evidence as also from the first information report that when the informant was feeding his animal at his Darwaja accused Radhe Shyam Raut who was a...
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1. By filing the present Election Petition, election petitioner has challenged the election of sole respondent as member of Bihar Legislative Council from 02-Gaya Graduate Constituency held on 10.04.2011 as also prayed to declare the said election void under Section 100 of the Representation of the People Act, 1951 (hereinafter referred to as the œAct?) and sole respondent ought not to have been declared elected from the said constituency as he secured 16242 votes, less than 16550 votes, the quota fixed for being declared elected under Rule 75 of the Conduct of Election Rules, 1961, which would appear from result-sheet dated 14.04.2011 (Annexure-1). 2. In support of the aforesaid plea election petitioner has relied on the provisions of Section 21 of the Representation of the People Act, 1950 (hereinafter referred to as the œ1950 Act?) and Rule 31 of the Registration of Electors Rules, 1960 and with reference to the aforesaid provisions, it is submitted that the existing ele...
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1. Sole appellant, Bhikhar Ram who has been found guilty for an offence punishable under Section 29 of the NDPS Act vide judgment dated 02.09.2011 and sentenced to undergo R.I. for 10 years as well as fined Rs.1,00,000/- in default thereof to undergo R.I. for 2 years and 6 months vide order of sentence dated 14.09.2011 passed by Additional Sessions Judge-Ist-cum-Special Judge, NDPS, East Champaran, Motihari in ND P.S. Case No. No.16 of 2007 filed instant appeal. 2. On getting confidential information with regard to smuggling of Ganja on 20.02.2007, PW-3, Irfan Ahmad a member of preventing team of custom along with others including two independent witnesses rushed to Nanaura village and in the morning of 21.02.2007 at about 05:45 A.M. they intercepted one tractor along with trailer laden with stone chips. During course thereof, the other manage to escape while one was apprehended who disclosed his identity as an appellant, Bhikhar Ram and further shown his status as labour-cum-cleaner. ...
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Aditya Kumar Trivedi, J. 1. Appellant is the informant and father of the deceased. He has preferred this appeal under the provisions of proviso to Section 372 of the Code of Criminal Procedure against the judgment and order dated 31st of July, 2012 passed by the Adhoc Additional Judge, 1st, Buxar in Sessions Trail No.1/09, whereby and whereunder the learned court below has acquitted the respondent nos.2 to 4 from the charges framed against them under Sections 302, 302/34 and 307/34 and Section 27(1) of the Arms Act. 2. The prosecution case in brief is that in the morning of 19.08.2008 at 6.30 p.m. the appellant received information that his four bighas of land on khata no.1, which he had purchased from one Premchand Keshri, was going to be ploughed by the four accused persons by means of a tractor, with the help of 3-4 other unknown persons. On this information, he along with his sons, namely, the deceased Sarabjeet Kumar Gupta, PW-4 Ajit Kumar Gupta, PW-2 Munna Kumar Gupta, proceeded ...
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1. Appellants, Shanti Devi and Fula Devi who have been found guilty for an offence punishable under Section 20(b) of the NDPS Act vide judgment of conviction dated 05.02.2013 and each of them sentenced to undergo R.I. for 10 years as well as fined Rs.1,00,000/- in default thereof to undergo S.I. of six months additionally vide judgment of sentence dated 11.02.2013 passed by Additional Sessions Judge, Ist-cum-Special Judge (NDPS Act), Gaya in connection with N.D. P.S. Case No.10 of 2010 arising out of Gaya Rail P.S. Case No.65 of 2009 have challenged under instant appeal. 2. PW-6, Gauri Shankar Gupta, Officer-in-charge of Gaya Rail P.S. recorded his self statement on 16.05.2009 at about 03:30 hours in the waiting room situated at platform no.1 disclosing therein that while he along with other G.R.P personnel were on night patrolling and during course thereof, have gone inside waiting room they found two women sitting near bags so picked up whereupon suspicion grew followed with apprehen...
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1. Present Election Petition has been filed under Section 80, 80A and 81 of the Representation of the PeopleAct, 1951 (hereinafter referred to as the žActŸ) to declare the election of the sole respondent from 28- Munger Parliamentary Constituency, held pursuant to notification dated 02.04.2009, for constituting 14th Lok Sabha void, on the ground that sole respondent committed corrupt practice in the said election within the meaning of sub-section (8) of Section 123 of the Act, his election is fit to be set aside under sub-section (1)(b) of Section 100 of the Act, as with his consent Superintendent of Police, Lakhisarai captured Booth Nos. 62 to 72 of Lakhisarai Vidhansabha Constituency, restraining the voters of those booths from casting their vote. Election-petitioner further prayed to direct the Election Commission of India to hold fresh election for 28- Munger Parliamentary Constituency. 2. Perusal of Election Petition and Annexure-1 indicates that election-petitioner con...
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1. Three appellants were put on trial by the learned 5th Additional Sessions Judge, Samastipur after being indicted of committing offences under Sections 304B and 498A of the IPC and for being tried in Sessions Trial No.296 of 1999. By judgment dated the 29th June of 2002, the three appellants were held guilty of committing the two offences, i.e., 304B and 498A IPC. After being heard on sentence on the same day, each of the appellants was directed to suffer rigorous imprisonment for ten years on each of the two counts. The appellants have come up before this Court through the present appeal to question the correctness of the findings as regards their guilt and the appropriateness of the order of sentence. 2. The occurrence was dated on 26th of July, 1996 and as per allegation it had taken place at 6 A.M. The informant Md. Shakil who was examined as P.W.5 alleged that while he was passing through the house of the appellants, while going to purchase some tea, he heard the sound of gaggin...
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