Court : Patna
cr.appeal no.128 of 2011 wherein raj kisahore rai happens to be the appellant, cr.appeal no.204 of 2011 wherein ram ishwar rai happens to be the appellant commonly originate from the judgment dated 14.12.2010 passed by additional sessions judge, fast track court no.iv, vaishali at hajipur in sessions trial no.285 of 1998 convicting both the appellants under section 376(2)(g), wrongly mentioned as 376(g) of the ipc and order of sentence dated 18.12.2010 directing each of them to undergo r.i. for ten years as well as also fined rs.20,000/- in default thereof to undergo s.i. of two months additionally, as such analogously heard and are being disposed of by a common judgment. 2. manju devi, victim aged about 13 years instituted first information report(ext-5) on 11.03.1997 at about 9.30 a.m. at sarai police station disclosing therein that on the previous day she was alone at her house as her mother and brother have gone to biharsharif. at about 7 p.m., while she was going to latrine situated east to her house, ram ishwar rai armed with chhura, raj kishore rai armed with pistol and tulsi kumar rai came, caught hold and began to drag which she protested. on account thereof, all of them threw her on ground. ram ishwar rai caught her breast. raj kishor rai gagged her mouth and further said that she will be murdered after pointing out pistol. ram ishwar rai torn her frock while tulsi kumar untied the string and then committed rape. after tulsi kumar, ram ishwar rai also committed rape .....
Tag this Judgment!Court : Patna
..... the main contention of learned counsel for the appellant is that fir, charge-sheet, post-mortem report are the basic documents for the settlement of claim cases under rule 226 of bihar motor vehicles rule, 1992. .....
Tag this Judgment!Court : Patna
1. by judgment and order, dated 30th november, 2006, passed, in sessions trial no. 89 of 1997, by the learned additional sessions judge, fast track court no. iv, buxar, all the accused-appellants stand convicted under sections 304(part-ii) and 341 read with section 149 of the indian penal code. by the impugned judgment and order, all the accused-appellants, except accused-appellant, ram bihari yadav, also stand convicted under sections 147 and 323 of the indian penal code; whereas accused-appellant, ram bihari yadav, has been convicted under sections 148 and 324 of the indian penal code. following their conviction, as mentioned hereinbefore, under section 304 (part-ii) read with section 149 of the indian penal code, all the accused-appellants have been sentenced to undergo rigorous imprisonment for a period of ten years each and to also undergo, for their conviction under section 341 of the indian penal code, simple imprisonment for a period of one month each. following their conviction under section 147 of the indian penal code, all accused-appellants, except accused-appellant, ram bihari yadav, have been further sentenced to suffer rigorous imprisonment for a period of two years each and to also suffer for, their conviction under section 323 of the indian penal code, rigorous imprisonment for one year each; whereas accused-appellant, ram bihari yadav, has been sentenced, for his conviction under section 148 of the indian penal code and also under section 324 of the indian .....
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cav judgment: 1. cr. appeal no. 582 of 2011 wherein ram baran roy happens to be appellant and cr. appeal no. 585 of 2011 wherein pankaj ishwar, shiva nandan ishwar, kaila ishwar and rajendra roy happen to be appellants, commonly originate against judgment of conviction dated 25.04.2011 rendered by 2nd additional sessions judge, banka holding all the above named appellants guilty for an offence punishable under sections 326 ipc and order dated 29.04.2011 directing each of them to undergo ri for 10 years as well as also slapped with fine appertaining to rs.2500/- in default thereof, to undergo si for 3 months, have been heard together and are being disposed of by a common judgment. 2. informant, bhagwat ishwar (since deceased) filed written report on 16.01.1996 at about 10.15 a.m. disclosing therein that on the same day at about 8.45 a.m. while he was sitting along with his family members at his darwaja, at that very time, ram baran roy, randhir roy, shiva nandan ishwar, kaila ishwar, narayan ishwar, pankaj ishwar, rajendra sharma along with 5-6 persons armed with rifle, pistol, hand bomb came to his darwaja, caught hold his son, brajesh kumar @ dhurin and dragged him along with them. brajesh kumar @ dhurin was assaulted while being taken away by them. they were also saying that either he would be murdered or his hand would be chopped off and then he would be implicated in a pistol case. the informant with others tried to intervene but because of firing made by ram baran roy, .....
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oral judgment: 1. sole appellant shiv kumar sahni who has been found guilty for an offence punishable under section 307 of the ipc and been directed to undergo r.i. for ten years as well as also fine rs.20,000/- in default thereof to undergo s.i. for six months additionally, under section 27 of the arms act to undergo r.i. for five years as well as slapped with fine appertaining to rs.10,000/- and in default thereof to undergo s.i. of three months additionally, with a further direction to run the sentences concurrently by 5th additional sessions judge, east champaran at motihari in sessions trial no.504 of 2012/268 of 2012 challenged the same under present appeal. 2. p.w.6 om prakash sahni filed written report on 26.12.2011 at about 4 p.m.(not exhibited) alleging inter-alia that there happens to be a piece of land standing in the name of his grand-father. he had gone there to see and found his co-villager jangbahadur sahani, shiv kumar sahani, rajesh sahani, nawal sahani, dhanai sahani, munna sahani, madan sahani, nandu sahani, saheb sahani, janki sahani, ganesh sahni who had engaged amin sahni and mangal sahani as for construction of house over the land. he forbade them over which jangbahadur sahani claimed the land and further directed him to leave otherwise, he will be murdered. he insisted, over which jangbahadur sahani ordered whereupon shiv kumar sahani shot at causing injury to his brother rambaboo sahani who, after sustaining injury fell down. thereafter, they have .....
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..... . on reading jagir singhs confession as a whole, it appears that he was really trying to throw the main blame on the appellant, though he admitted that he entered into the house of mst ..... . 4168), wherein the supreme court has observed and held as follows: learned judges of the high court declined to act on the said confession mainly for two reasons .....
Tag this Judgment!Court : Patna
..... that means to say when the prosecution itself failed to substantiate the demand of dowry as well as torture and cruelty then in that event the main ingredient of section 304(b) of the ipc is found lacking of, consequent thereupon the finding of trial court with regard to section 304(b) of the ipc is completely found demolished. .....
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1. by these three writ petitions, the petitioner has sought indulgence of this court for a direction to the respondent state and its authorities to proceed with petitioners technical bid and financial bid, as submitted by him, in respect of patna, banka and arwal. the three writ petitions are in relation to each of these three places. the bids were called by the state for settlement of mining rights of sand from the river beds. 2. heard mr. s.d. sanjay, learned senior counsel for the petitioner in all the three writ petitions and mr. d.k. sinha, learned senior counsel for the department of mines, government of bihar and with their consent these writ petitions are being disposed of at this stage itself. 3. for settlement of sand mining rights from the river beds (balu ghat settlement) state in the department of mines and geology issued notice inviting tenders. the tenders had to be submitted in two parts. part-a was technical bid and part-b was to be financial bid. in the technical bid, i.e., part-a, apart from other documents, the tenderers were required to submit a bank draft of 10% of the value of the bid amount as earnest money. they also had to submit a certificate from the bank certifying that the said bank draft was prepared from the money available in the account of the tenderers. as per the tender notice, which was common for all places, last date for submission was 18.12.2013. on that day part-a of the tender documents in one envelop marked a and part-b document in .....
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navaniti pd. singh, j. (cav) 1. as pleadings are complete with consent of parties, this writ petition was heard at length for final disposal at this stage itself. 2. originally, the writ petition was filed, inter alia, to declare the introduction of revised clause-5.3.1 of the request for proposal (rfp) in respect of patna electric supply unit (pesu) area (patna) to be arbitrary, unreasonable and to set it aside restoring the original clause. later the new rfp issued cancelling the earlier rfp is also challenged by interlocutory application by amending the writ petition, which has been allowed. 3. heard mr. y.v. giri, learned senior counsel in support of the writ petition and mr. lalit kishore, learned senior counsel and principal advocate general, ably assisted by mr. anand kumar ojha for the bihar state power (holding) company limited. 4. the facts are not in dispute. the electricity act, 2003 (hereinafter in brevity 'act') and its subsequent amendments which repealed the indian electricity act, 2010, the electricity (supply) act, 1948 and the electricity regulatory commission act, 1998, while consolidating the law governing and relating to generation, transmission, distribution, trading and use of electricity, made radical changes in the entire concepts. apparently, in conformity with the new act and in view of section-131 thereof, the erstwhile bihar state electricity board stood dissolved and it vested in the state government. in its place the state government formed, .....
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..... it has further been submitted that the case of the prosecution has been disbelieved mainly on the ground that there is over-writing on the relevant parts in the fardbeyan which suggests that there is interpolation in the timing of recording of fardbeyan as well as timing of occurrence. .....
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