Court : Patna
1. Rakesh Kumar, J. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure , has prayed for quashing of the order dated 25.2.1999 passed by the learned 9th Additional Sessions Judge, Arrah in Sessions Trial No.349 of 1994, arising out of Arrah Nawada P.S. Case No.75 of 1994. By the said order, the learned Addl.Sessions Judge has refused to add charges under Sections 3,4 and 5 of the Explosive Substances Act,1908.2. Short fact of the case is that on the basis of fardbeyan of this petitioner, a case vide Arrah Nawada P.S. Case No.75 of 1994 was registered on 8.5.1994 for the offences punishable under Sections 452,324,307 of the Indian Penal Code and Sections 3 and 4 of the Explosive Substance Act. In the F.I.R., the petitioner alleged that on 8.5.1994 in the morning at about 8.00 A.M. unknown accused persons entered into the house of the petitioner and exploded bomb and three persons of the informant side were assaulted...
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M.L. Visa, J.1. These five appeals by five appellants, each filing separate appeal, on his behalf, have been heard together and are being disposed of by this common judgment as all these appeals arise out of same judgment dated 30-8-1996 and order dated 31-8-1996 passed by the 2nd Addl;. Sessions Judge, Bhagalpur in Sessions Trial No. 423/93 convicting and sentencing appellant Lallua alias Lallua Mian to life imprisonment under Section 302, IPC and remaining four appellants, namely, Piyaru alias Piyarua Mian, Lallu alias Masood Akhtar, Md. Chand and Md. Quaisar to life imprisonment under Section 302/34, IPC. All the five appellants have further been convicted and sentenced to RI for five years each under Section 3 and Section 4 of the Explosive Substances Act and R.I. for two years under Section 27 of Arms Act. Besides this, appellants Lallua alias Lallua Mian and Piyaru alias Piyaraua Mian have been further convicted and sentenced to undergo RI for five years each under Section 307, ...
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Abhijit Sinha, J.1. The appeal was initially preferred by the two appellants herein and one Anand Prasad Yadav, the brother of appellant No. 1 and son of appellant No. 2, but as he expired during the pendency of the appeal his name was deleted from the Memo of Appeal and the appeal is now being pursued by the two appellants abovenamed.2. This appeal at the Instance of the three appellants is directed against the Judgment of conviction and order of sentence dated 30.07.03 passed by Sri Chandra Shekhar Sharma, Presiding Officer, Additional Court I, Patna, Adhoc Sessions Judge, Fast Track Court I, Patna in Sessions Trial No. 98/137 of 1993/2001 arising out of Chowk P.S. Case No. 8/89. By the aforesaid Judgment and order appellants, Dilip Kumar and Awadhesh Prasad Yadav, were convicted under Section 307/34 of Indian Penal Code and each of them were sentenced to undergo rigorous imprisonment for a period of five years each and appellant, Dilip Kumar, was further convicted under Section 379...
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M.L. Visa, J.1. Mundrika Chamar, Budhan Bhuian, Bhola Bhuian and Ram Swaroop Bhuian @ Swarup Bhuian, the four appellants before us, have in this appeal assailed the Judgment and order dated 29-11-1986 passed by the 1st Additional Sessions Judge, Aurangabad, in Sessions Trial No. 7 of 1984/37 of 1984 convicting and sentencing the appellants to undergo R.I. for life under Sections 302/149, I.P.C, Appellant Bhola Bhuian has further been convicted and sentenced to undergo R.I. for five years under Section 3 of Explosive Substances Act but the sentences passed against him have, however, been ordered to run concurrently.2. The brief facts of the case are that on 3.5.82 at about 6 a.m. deceased Ramadhar Singh along with Overseer and Amin had gone to Hazari Bandh, P.S. Kutumba, District Aurangabad, for measurement of soil. At about 8 a.m., informant Kuldeep Singh (P.W. 3), who is the brother of deceased also went there. On the same day at about 10 a.m. the appellants along with others came f...
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S.J. Mukhopadhaya, J.1. These two appeals on behalf of twelve appellants in all are directed against judgment and order of conviction. The appellants of Criminal Appeal No. 158/ 96 have been convicted under Sections 3 and 4 of the Explosive Substances Act, 1908 and sentenced to rigorous imprisonment for ten years each under both. They have also been convicted under Section 148 of the Penal Code and sentenced to rigorous imprisonment for two years. The sole appellant of Criminal Appeal No. 190/96 too has been convicted under Sections 3 and 4 of the Explosive Substances Act but sentenced to rigorous imprisonment for life under Section 3 of the Act and rigorous imprisonment for 15 years under Section 4. He too has been convicted under Section 148 of the Penal Code and sentenced to rigorous imprisonment for two years. It may be stated here that 15 persons including 12 appellants herein were put on trial. The trial of three of them, namely, Md. Samiullah, Md. Mursalim and Md. Nasim was sep...
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Reported in : 2009(57)BLJR3019
Navin Sinha, J.1. These three criminal appeals arise out of the judgment of conviction and sentence dated 26.4.2008 by the Additional Sessions Judge, F.T.C.-IV, Banka, in Sessions Trial No. 897 of 2002.2. Death Reference No. 8 of 2008 arises out of Criminal Appeal No. 665 of 2008 alone. Seventeen persons were put on trial. Nine have been acquitted, and eight convicted.3. Shaukat Mian has been convicted under Section 302, 148 of I.P.C., Section 3(b) of the Explosive Substances Act, and sentenced to death, in addition to rigorous imprisonment for three years under Section 148 of the Indian Penal Code and to rigorous imprisonment for life under Section 4 of the Explosive Substances Act. Rahim Mian has been convicted under Sections 307, 302/148/149 and 3/4 of Explosive Substances Act, and sentenced to seven years rigorous imprisonment under Section 3/4 (each) of Explosive Substances Act, three years rigorous imprisonment under Section 148 of I.P.C., ten years rigorous imprisonment with fin...
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Navin Sinha, J.1. The present appeals arise from the judgment of conviction and sentence dated 26.6.2008 of the Additional District & Sessions Judge, Fast Track Court No. V, Munger. Death Reference No. 13 of 2008 arises also out of the same judgment of conviction and order of sentence as required by Section 366 Cr.P.C. Six persons were charged under Sections 302/34. 120B, 225 and 504 of the Penal Code, 3 & 4 Explosives Substances Act. Three have been acquitted.2. Appellant Mahendra Ram and Munna Ram have been convicted and sentenced to death under Sections 302/34, 120B of the Penal Code and Sections 3 & 4 of the Explosive Substances Act. Accused Upendra Ram has been convicted and sentenced to life imprisonment with fine and in default to one year rigorous imprisonment under Section 302/34, 120B IPC and one year rigorous imprisonment under Section 504 IPC. He has further been sentenced to ten years rigorous imprisonment each under Section 3 & 4 of the Explosive Substances Act to run con...
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Chandramauli Kr. Prasad and Rekha Kumari, JJ. 1. Sheikh Samsul and Sheikh Asfaque were charged for intentionally committing murder of Md. Askari punishable under Section 302 of the Indian Penal Code. Sheikh Gayas was charged for committing murder by intentionally causing death of Md. Asad, punishable under Section 302 of the Indian Penal Code. Besides the aforesaid, they have also been charged for offence under Section 3 and 4 of the Explosive Substance Act. Aforesaid three persons along with six other persons, namely, Sheikh Chengwa, Sheikh Kalim @ Gedhwa, Sheikh Juman, Sheikh Aziz, Sheikh Ishteyaque and Sheikh Nayeem have been charged for committing the murders of Md. Askari and Md. Asad in prosecution of common object as a member of unlawful assembly punishable under Section 302/149 of the Indian Penal Code. In addition thereto, Sheikh Kalim, Sheikh Juman, Sheikh Aziz, Sheikh Ishteyaquye and Sheikh Nayeem have been charged for possessing arms for unlawful purposes, punishable under...
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M.L. Visa, J.1. Criminal Appeal No. 99 of 1997 preferred by appellants Md. Saud Alam and Md. Tabrez and Criminal Appeal No. 136 of 1997 preferred by sole appellant Md. Salahuddin arise out of the same judgment dated 7.2.1997 and order dated 14.2.1997 passed by 2nd Additional Sessions Judge, Bhagalpur, in Sessions Trial No. 53/95 and therefore, both the appeals have been heard together and are being disposed of by this common order.2. All the three appellants have been convicted and sentenced to undergo RI for 14 years each under Section 5 of the Explosive Substance Act.3. The case of prosecution as disclosed in the fardbeyan of informant, SI Lallan Singh (not examined), in short is that on 3.5.1994 informant was posted as Sub-Inspector-cum-Officer Incharge of Mojahidpur Police Station within the district of Bhagalpur and on the night between 2.5.1994 and 3.5.1994 at about 3 O'clock he received information at police station from confidential sourses that appellant Salahuddin, an accuse...
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Lok Nath Prasad, J.1. This revision is directed against the judgment dated 10.8.1989 passed by the 7th Additional Sessions Judge, Dhanbad in Criminal Appeal No. 61 of 1993 through which the conviction and sentence of the petitioner under Sections 4 and 5 of the Explosive Substances Act was maintained and confirmed.2. The fact in short giving rise to this revision is that on 22.10.1978 at about 3 a.m. in the night the informant along with other police officials S.I. Tarni Prasad Yadav ASI Md. Mustafa were on patrolling duty and they were going towards Gohinbandh and had reached near Gohinbandh Railway Crossing they saw one person moving in suspicious circumstances with a bag in hand and seeing the police party he wanted to escape away. It has been alleged that after chase, that man was apprehended and from his possession about 500 grams of Gandhak like materials, 40 grams of potas like materials and two bundles of subtle, were found which were concealed in a bag and the informant suspe...
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