Court : Patna
I.A. Ansari, J. 1. The facts of a case may stir emotion of a Court. Nevertheless, duty of the Court is to marshal evidence dispassionately and determine, in the face of the materials brought on record, as to whether any offence is proved to have been committed and, then, decide if the person, accused of having committed an offence, has been proved, beyond reasonable doubt, guilty of the offence, which he is alleged to have committed. 2. The rudimentary principle, indicated above, appears to have escaped the notice of the learned trial Court, in the present appeals, which have arisen out of the judgment, dated 30th April, 2009, passed, in Sessions Trial No. 659 of 2007/06 of 2009, by the learned Additional Sessions Judge VIII, Patna, convicting the two accused-appellants, namely, Amarnath Jha (A-1) and Basudeo Yadav (A-2) under Sections 364A, 302, 201 and 120B of the Indian Penal Code and, in consequence of their conviction under Section 364A of the Indian Penal Code, both the accused-a...
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1. Appellants, Manoj Yadav @ Manoj Kumar Yadav and Chunni Lal Yadav who have conjointly been held guilty for an offence punishable under Sections 304B and 201 of the IPC and independently been directed to undergo RI for 10 years as well as slapped with fine appertaining to Rs.2000/- and in default thereof to undergo RI for one year under Section 304B of the IPC, RI for three years as well as fined of Rs. 500/- in default thereof to undergo SI for three months with a further direction to run the sentences concurrently vide judgment of conviction dated 11.01.2012 and order of sentence dated 12.01.2012 passed by Additional Sessions Judge-FTC-1st, Katihar in Sessions Trial No. 85/2010, have preferred the instant appeal. 2. PW-13, Kedar Yadav had got his Fard-e-beyan recorded on 16.05.2009 at about 8:45 a.m. in the banana field of Chunni Lal Yadav disclosing therein that his daughter, Mamta Kumari (deceased) was married with Manoj Yadav @ Manoj Kumar Yadav son of Chunni Lal Yadav of Village...
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I.A. Ansari, J. 1. Under challenge, in the present appeals, are the judgment, dated 28.02.2013, passed, in Sessions Trial No. 195 of 2010, by learned 1st Additional Sessions Judge, Katihar, and the order, dated 06.03.2013, whereby various sentences have been passed against the accused-appellants. 2. By the impugned judgment, learned trial Court has convicted all the accused-appellants, except accused-appellant, Rajendra Mahaldar, under Section 302 read with Section 149 and also under Section 148 of the Indian Penal Code. The learned trial Court has convicted the accused-appellant, Rajendra Mahaldar, under Section 302 of the Indian Penal Code. Following their conviction under Section 302 read with Section 149 of the Indian Penal Code, all the accused-appellants, except accused-appellant, Rajendra Mahaldar, have been sentenced to undergo imprisonment for life and pay fine of Rs. 500/- each and, in default of payment of fine, suffer rigorous imprisonment for one month. For their convictio...
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1. On an earlier count analogous hearing of Cr.W.J.C. No.849/2010, Cr.W.J.C No.647/2010, Cr.W.J.C. No.1148/2010, Cr.W.J.C. No.24/2012 and Cr.W.J.C. No. 1152/2010 were directed but in due course of time, save and except Cr.W.J.C. No. 849/2010 none survived as Cr.W.J.C No. 24/2012 was withdrawn being infructuous vide order dated 22.09.2013, Cr.W.J.C. No. 647/2010 was dismissed for default vide order dated 19.02.2011, Cr.W.J.C. 1148/2010 was disposed of vide order dated 08.01.2014, Cr.W.J.C. No.1152/2010 was disposed of vide order dated 04.07.2013. 2. Heard learned counsel for the petitioner as well as learned GA-11 for the State. 3. Petitioner has prayed for following relief under para-1:- 1. That, this is an application for issuance of an appropriate writ, order, direction for setting aside the F.I.R. being Araria P.S. Case No. 283 of 2010 dated 24.06.2010 under Sections 406, 409, 420, 467, 468 and 120B of the Indian Penal Code, as the entire allegation made in the First Information Rep...
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This appeal is directed against the judgment and award dated 31.07.2007 passed by the learned Additional District Judge, FTC.III-cum-Motor Accident Claims Tribunal, Samastipur in Claim Case No.7/1994 by which the appellant has been directed to pay a sum of Rs.2,85,000/- with interest. The case of the claimant, in brief, is that on 29.07.1993 Anwar Ahmad Sabri @ Mohini Babu (original Respondent No.1) was going from Samastipur to Satanpur by Maxi Tata 407 bearing registration no. BR-33P-2507. It was being driven rashly and negligently and dashed against the Jeep coming from opposite direction, as a result of which, the right hand of claimant was cut and fell down, even then, Tata Maxi was not stopped by the Driver and it reached Satanpur. The injured was brought to the Nursing Home and his right hand was amputated by the doctor in operation. The FIR (Ext.3) was lodged as Mushrigharari P.S. Case No.53/1993 under Sections 279, 337, 338, 427 of the Indian Penal Code. A petition was filed un...
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1. Thirty seven accused persons were put on trial by the learned 7th Additional Sessions Judge, Munger in Sessions Trial No. 349 of 1986 by being charged with commission of offences under Sections 435 read with Section 149 of the Indian Penal Code, two of them being specifically charged with commission of offence under Section 435 of the Indian Penal Code and those two are appellants Rabi Singh @ Rabindra Singh and Arun Singh. By judgment dated the 20th of July, 1995, 34 out of 37 accused were acquitted of the charges and three, namely, the two appellants along with deceased-appellant Dhano Singh, whose appeal abated as appears from Courts order dated 11.03.2014, were held guilty of committing offences under Sections 435/149 of the Indian Penal Code. While the deceased-appellant was released after execution of a bond of Rs. 5,000/- under Section 360 of the Code of Criminal Procedure on account of his matured old age, the two appellants, namely, Rabi Singh @ Rabindra Singh and Arun Sing...
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1. Three appellants were charged by the learned 3rd Additional Sessions Judge, Aurangabad with commission of offences under Sections 3 and 4 of the Explosive Substances Act (hereinafter referred to as the Act) in Sessions Trial No. 42 of 1993 and by judgment of conviction dated 15.02.2002 they were held guilty of committing the offences. After being heard on sentence, each of the appellants was directed to suffer rigorous imprisonment for ten years as also to pay a fine of Rs. 2,000/- eue to being convicted under Section 3 of the Act while they were individually to suffer rigorous imprisonment for seven years as also to pay a fine of Rs. 2,000/- each for being convicted under Section 4 of the Act. The order of sentence directed that in case of not paying up the fine of Rs. 2,000/-, each of the appellants should have suffered rigorous imprisonment for another period of six months. The order of suffering imprisonment in case of making default in payment of fine, appears passed only as pa...
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1. This Petition under Article 226 of the Constitution has been filed by one Shri Chandra Pathak, Sub-Judge, Saharsa for quashing the Notification dated 21st February, 2013 passed by the respondent-State on the recommendation of the Patna High Court on administrative side by which the petitioner has been inflicted upon with the punishment of compulsory retirement in terms of the provisions contained under Rule 14(ix) of the Bihar Government Servant (Classification, Control and Appeal) Rules 2005 (hereinafter referred to as œthe Rules of 2005?). The further prayer made is to allow the petitioner to resume his duties as a member of the State Judicial Services along with all the consequential benefits including seniority, pay, etc. 2. Learned advocate Mr. Abhinav Srivastava appears for the petitioner. Mr. Abhinav Srivastava has stated that he has no objection, if this Bench hears and decides the matter. Learned advocate Mr. Mrigank Mauli appears for the High Court and learned advoca...
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1. The present appeal is directed against judgment of conviction and order of sentence dated 22.09.1995 passed by the learned Special Judge (E.C.Act), Saharsa in Special Case No.06 of 1988, by which the solitary appellant Deo Narayan Bhagat was held guilty of committing offence under Section 7 of the Essential Commodities Act on account of having violated the provisions of the Bihar Trade Articles (Licensing Unification Order), 1984 (hereinafter referred to as the žunification orderŸ) issued U/S 3 of the Essential Commodities Act which contravention was punishable under Section 7 of the Essential Commodities Act. After being heard on sentence, the appellant was directed to suffer rigorous imprisonment of one year for committing the offence under Section 7 of the Essential Commodities Act. 2. It appears that the Sub. Divisional Officer, Saharsa with the Additional District Supply Officer, Saharsa (P.W.3) and Dy.S.P., Saharsa (not examined) went to village Sapaha and searched ...
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1. These fifteen writ applications involve only one question as with regard to relaxation of age for appointment on the post of Pharmacist and, therefore, they have been heard together and are being disposed of by this common judgment. 2. The facts giving rise to these writ applications lie in a very narrow compass, inasmuch as, the post of Pharmacist in the Health Department of the Government of Bihar having been not filled up at least from 1990 onwards, a few diploma holders in Pharmacy had initially moved this Court by filing their writ application, CWJC No. 4302 of 1998 with a prayer for issuance of a direction to the State of Bihar for filling up the post of Pharmacist as also discontinuing the existing arrangement of taking work from unqualified persons on the post of Pharmacist. 3. This Court by an order dated 21.7.1999, after considering the stand of the respondent State of Bihar, had directed the Commission-cum-Secretary of the Health Department to decide the grievance of the ...
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