Court : Patna
..... he has given explanation in the counter-affidavit that there was power failure and darkness inside and outside the room and in candle light, he had to do the work and in meagre light he could not see the features and faces of the arrested persons, who were remanded by him and their age had not been mentioned in the police report, and in the circumstances, it could not be known to ..... the explanation of the acting sub-divisional magistrate concerned that for want of adequate light he could not mark the features and face of the girl nor could assess her age is not tenable to condone the wrong done to the girl, whose fundamental right has been infringed. ..... the matter came to the light when the secretary and other members of the petitioner-organisation visited seraikella jail on 7-5-1991 and interviewed sukumati mai kudada.2. ..... , which was in violation of the provisions of juvenile justice act, 1986 (hereinafter to be referred to as the act'), and she was released from the jail after remaining in illegal custody for about a month and half. .....
Tag this Judgment!Court : Patna
..... learned counsel appearing for the petitioner submits that in course of investigation, it came to light that deceased along with her one and half years old child committed suicide and after the aforesaid incident, proper information regarding the death of the deceased was given to her father as well as other family members but when the informant reached at .....
Tag this Judgment!Court : Patna
..... 1,45,000/- together with interest at the rate of 12 per annum has been awarded in favour of the claimants and it was ordered that the same amount should be paid half and half by the insurer, namely, m/s. ..... . akhtar, trekker being a light vehicle while ambassador car would be heavy one, so more compensation ought to have been imposed on the ambassador car ..... . when composite negligence is there and when there is no scope of determination as to which of the vehicle was more liable than division of liability half and half is proper and justified .....
Tag this Judgment!Court : Patna
..... advocate for the appellants raised the contentions that the accused-appellant bhola might be fourteen to fifteen years of age on the date of occurrence and he should have been tried by a juvenile court; that there was no light and the appellants could not have been identified; that there was no blood at the spot and it is doubtful where the occurrence took place; that the deposition of kodai sahni should not be acceptable as he was ..... interrogated after two and half months, and this witness executed a fictitious deed in favour of mother of the accused bindeshwari which led into a land dispute between them; that th e injured has stated that he was unconscious and thus his interrogation .....
Tag this Judgment!Court : Patna
..... similarly, though pw 1 has claimed that injured prakash yadav had told that while he was asleep, accused kamli devi had fled away after shooting him, it is clear in the light of what we have already discussed above, that the evidence of dying declaration, so given, is not believable inasmuch as prakash yadav, on having been shot at the abdomen and while himself writhing in pain, could not have seen ..... the deceased) and their father, bhikho yadav (who, too, has died), he woke up on hearing the sound of firing and, on flashing the torch-light, he saw accused kamli devi running away with a pistol in her hand and though he, along with father and other brothers, to chase accused kamli devi, accused kamli devi fled away, whereupon injured prakash ..... 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, kamli devi, was running away holding a pistol in her hand. ..... because of what have been discussed and pointed out above, we are clearly of the view that the evidence, adduced by the prosecution, was nothing but an ad-mixture of half-truth and untruth and it has become impossible to extricate the truth from falsehood. ..... this witness has deposed that on the night of the occurrence, on hearing the sound of firing, he woke up, came out from inside his house and saw accused kamli devi fleeing away with a half-a-cubit article in her hand. 19. .....
Tag this Judgment!Court : Patna
..... he has further said that he raided the house of co-accused babulal tiwary and ' arrested him and, thereafter, took him in police remand and recovered a light cream coloured full pant and a white coloured half flying shirt from a place at western bank of phalgu river pointed out by co-accused babulal tiwary and prepared a seizure list (exhibit-2). ..... he has further said that in test identification parade, he had identified a full pant, a half shirt, a pair of shoes and a silver ring with white stone and he put his signature (exhibit-3/9) on test identification chart. ..... he has also proved a full pant (material exhibit-iii) and half shirt (material exhibit-iv) and has further said that he had gone to the house of co-accused babulal tiwary from where babulal tiwary produced a pair of shoes taking out from tiled roof where the shoes ..... shape with violet coloured stone with letter 'bpj' (material exhibit-i/ 1) and another silver ring with pink coloured stone (material exhibit-i/2), a pair of shoes (material exhibit-ii) a full pant (material exhibit-ill) and half shirt (material exhibit-iv). .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... repudiation was done after one and a half years of decision taken and after four years and seven months of the occurrence of burglary which clearly indicates deficiency in service on the part of the insurer- opposite parties. 23. ..... portion of the repudiation letter to the complainant is given below : "your file was examined thoroughly by the claim committee of our regional office and the decision has been taken on 16.5.1995 to repudiate the liability in the light of survey report". ..... in the light of the above discussion, we are constrained to allow an insurance claim of rs. .....
Tag this Judgment!Court : Patna
..... a lantern was brought from the house of bengali das and with the help of its light, he noticed that she was kusum devi. ..... there was no light and it was a dark night. ..... he has stated in his cross-examination that he had seen the shot hitting kusum devi from a distance of one and half lagies. .....
Tag this Judgment!Court : Patna
..... according to the informant, he saw the occurrence in the light of lantern which was hanging in the 'gohal' but the i.o. ..... he identified all the appellants in the light of lantern which was burning in the 'gohal'. ..... upper half of right pinna was missing. ..... half an hour thereafter, he heard sound of presence of some persons in 'gohal'. .....
Tag this Judgment!Court : Patna
..... . thirdly, this has also to be seen in the light of the next submission that not enough blood was found on the earth which means that the mattress must have soaked the entire blood which came out of the dead body and, therefore, ..... . was deposing more than two and half years after the occurrence and, therefore, might have slightly erred in stating a minor detail.7 ..... . let us examine the evidence in the light of the reported authoritative judgments of the supreme court. p.ws ..... . were deposing before the court about more than two and half years after the occurrence .....
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