Court : Patna
Decided on : Jan-09-2002
S.N. Pathak, J.1. This second appeal has been preferred against the judgment dated 17th March, 1986 and decree dated 8th April, 1986 passed by the 3rd Additional District Judge, Bettiah, in Title Appeal No. 16/99 of 1984-85 confirming the judgment and decree dated 19th May, 1984 and 30th May, 1984 respectively passed by 2nd Additional Munsif, Bettiah (West Champaran), in Title Suit No. 68/82/T.S. 2/84. The plaintiffs of the suit are the appellants here.2. The plaintiff-respondents' case in the lower Court was that there was one Ram Chandra Singhania who left behind four sons, namely, Chhedilal, Madan Lal, Ramautar and Haridwar. The suit Plot No. 32 among other plots were owned by Ram Chandra Singhania and in the year 1950, the four sons entered into partition of their family property by registered deed and the suit Plot No. 32 under Khata No. 7 fell to the share of Haridwar Singhania (Defendant No. 2 the suit). However, subsequently, Defendant No. 2 ruined his business and he wanted ...
Tag this Judgment!Court : Patna
Decided on : Feb-05-2002
Indu Prabha Singh, J. 1. Both the appellants have been convicted under Section 7 of the Essential Commodities Act and sentenced to undergo rigorous imprisonment for six months each.2. The prosecution case as stated in the written report dated 25-4-1989 given by A.S.I. Baidnath Singh of Parihar P.S. is that for checking of smuggling of petroleum products from India to Nepal, informant Baidnath Singh, A.S.I., Constable Shiladhar Mishra and Chbwkidar, Badri Paswan were on duty at village Dharharwa near Dharharwa Kuti situated just by the side of Nepal Border. It has been stated that the abovenamed persons sat in a Kuti and they were Watching the situation and at about 4.30 a.m. they saw 4 to 5 persons coming towards Nepal after taking diesel kept in tins and jerricons on bicycle and on their heads. The informant and his other companions who were on duty, chased the aforesaid smugglers and blackmarketeers and out of them they caught Jai Narain Dubey alias Jiratia of village Dharharwa (app...
Tag this Judgment!Court : Patna
Decided on : Apr-12-2002
M.L. Visa, J.1. The sole appellant of this appeal is aggrieved by the judgment and order dated 20.7.1987 passed by 4th Additional Sessions Judge. Bhagalpur in Sessions Case No. 241 of 1981/4 of 1986 convicting him under Sections 302/109 of Indian Penai Code (in short 'IPC') and 302/34, IPC and sentencing him to undergo rigorous imprisonment for life for the offence under Sections 302/109, IPC. No separate sentence has been passed against the appellant for the offence under Sections 302/34, IPC.2. The case of the prosecution, as stated in FIR in short is that on 14.9.1978 at about 8 p.m., the informant Jamaluddin (PW 11) alongwith Riazat AN Haider, the deceased, boarded a local train at Bhagalpur Railway station for coming to Pirpainty. They both entered a second class compartment in which they sat on their seats in from of each other. When, the train reached Kahalgaon Railway station, about 20.25 passengers entered the compartment. When the train was to reach Shivnarayanpur Railway St...
Tag this Judgment!Court : Patna
Decided on : Jan-15-2002
S.K. Katriar, J.1. Heard learned Counsel for the parties. The plaintiff-respondent is the petitioner This civil revision application is directed against the order dated 24-8-2000, passed by the learned Additional District Judge 3rd Court, Begusarai, in Misc. Case No. 1 of 1996, whereby he has restored MTA No. 36 of 1989 to its original file.2. The present petitioner had instituted Title Suit No. 24 of 1960/12 of 1989 in the civil Court of Begusarai which was decreed. The present opposite parties had preferred Title Appeal No. 36 of 1989 in the Court of learned District Judge, Begusarai. By order dated 1-12-1995, the same was dismissed for non-prosecution on account of non-appearance of the learned Counsel for the appellants. The appellants thereafter, filed an application under Order XLI, Rule 19 CPC before the same Court for restoration of the appeal to its original file which was registered as Misc. Case No. 1 of 1996. The same was allowed by order dated 9-9-1998, subject to paymen...
Tag this Judgment!Court : Patna
Decided on : Dec-04-2002
Bal Krishna Jha, J. 1. Both the appeals are directed against the judgment dated 24-9-1987: of learned Additional Sessions Judge-III, Arrah in Sessions Trial No. 78/1981 convicting and sentencing the appellants under Sections 302/149/148/147/323, I.P.C. and Section 27 of the Arms Acts, so they were heard together and are being disposed of by this common judgment.2. The appellant, Parasnath Rai, son of Rambrichh Rai, has been convicted under Section 302, I.P.C. and sentenced to rigorous imprisonment for life. The rest six appellants, Laldhari Rai, Jokhu Rai, Raja Ram Rai, Paras Rai, son of Ramdash Rai, Butan Rai and Ramadhar Rai (since dead) have been convicted under Section 302/149, I.P.C. and sentenced to rigorous imprisonment for life. The appellant, Ramadhar Rai (since dead) has further been convicted under Section 147, I.P.C. and sentenced to rigorous imprisonment for one year. The appellants, Parasnath Rai, son of Rambrichh Rai, Laldhari Rai, Jokhu Rai, Raja Ram Rai, Paras Rai, so...
Tag this Judgment!Court : Patna
Decided on : Feb-06-2002
B.N.P. Singh, J.1. Though prosecution was launched also against Abdul Rauf along with the appellants but due to his absconsion from the proceeding, trial commenced only against Md. Mubarak Ali, Md. Sirajul, Haji Bhonu and Manzoor Hajam. All of them stood charged under Section 366A of the Indian Penal Code and Mubarak Aii also stood charged under Section 376 of the Indian Penal Code. The trial Court on appreciation of evidences placed on the record while acquitted Haji Bhonu and Manzoor Hajam, rendered verdict of guilt against Md. Mubarak Ali and Sirajul under Section 366A of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for five years. Md. Mubarak Ali also suffered conviction under Section 376 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for seven years with direction that sentences passed against the appellant Md. Mubarak Ali shall run concurrently.2. The accusation appearing from the written report of Fakirchand Chaudhary was ...
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Decided on : May-24-2002
B.N.P. Singh, J.1. While only mother and her son were in the house, it is alleged that in the intervening night of 2nd/3rd April, 1984, miscreants, having scaled over roof of house with help of bamboos, gained their access in the inner apartment of the house and coercing the house inmates, removed wearing apparel, ornaments and cash and decamped with the booty. It was alleged that when Lal Babu having identified one of them, raised alarm, shouting for help, Kesho Ahir shot him dead and with these accusations, fardbeyan of mother of the deceased was recorded by Shri M.P. Sharma, Sub-Inspector of police of Sonbarsa Police Station at 8.30 a.m. on 3rd March, 1984, pursuant to which first information report was drawn up. The police came in action, collected evidences, recorded statement of witnesses, visited the place of occurrence, sent the dead body to mortuary for post mortem examination, and having received post mortem report, concluded investigation and laid charge sheet before the Co...
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Decided on : Oct-25-2002
M.L. Visa, J.1. Ram Bali Prasad, the sole appellant, the this appeal has assailed the judgment dated 1.9.1997 and order dated 3.9.1997 of 7th Additional Sessions Judge, Nalanda at Biharsharif in Sessions Trial No. 354/95 convicting and sentencing him to undergo RI for life under Section 302 of the Indian Penal Code fin short, IPC) and RI for 5 years under Section 27 of Arms Act and ordering both the sentences to run concurrently.2. The prosecution case, in short, is that on 18.4.1995 at about 9.30 a.m. an altercation took place between the informant Ram Bachan Prasad (PW 5) and the appellant when appellant who has got his house adjacent to the house of informant was constructing a brick wall just adjacent to the land of informant. When Siya Ram Prasad, son of informant, came there the appellant went running to his house and brought a country made rifle and fired hitting on the left side of the chest of Siyam Ram Prasad who fell down and died at the spot and appellant fled away towards...
Tag this Judgment!Court : Patna
Decided on : Apr-11-2002
S.K. Katriar, J.1. Heard Mr. Ajay Tripathi for the petitioner and Mr. A.P. Jittu, learned SC II.2. This is the petitioner's third attempt. The Government of Bihar had published notice dated 25.3.1999 inviting tenders for supply of' ready-to-eat nutritious food' for the integrated child development scheme in the State of Bihar. The petitioner as well as another firm (M/s. Modern Food Industries Ltd.) submitted their tenders. The price quoted by the latter was Rs. 17 per k.g. with an escalation clause, whereas the petitioner quoted a firm price of Rs. 21.97 per k.g. The sample of other firm failed to pass the quality test because the protein content was not up to the ICDS norms. The petitioner's product was tested and found up to the required level of quality. No final decision was taken in the matter leading to CWJC No. 4 of 2000 in this Court which was disposed of by order dated 28.4.2000 (Annexure-5), with the direction to the Minister, Department of Welfare, Government of Bihar, to ...
Tag this Judgment!Court : Patna
Decided on : Mar-15-2002
Shiva Kriti Singh, J. Heard the parties in detail at the stage of admission itself.1. In this criminal revision application the petitioner, an accused in sessions trial No. 2047 of 1994 pending before the Addl. Sessions Judge XI, Saran at Chapra, has challenged the order dated 16-1-2002 by which the trial Court has rejected petitioner's prayer under Section 475 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') to separate his trial from that of other accused persons in a case under Sections 307/149, 435/149, 447/149 of the IPC and under Section 27 of the Arms Act on the ground that he is an Army Personnel.2. The undisputed relevant facts in this case are as follows. Petitioner along with others was named as an accused in Taraiya PS case No. 64/93 for an occurrence dated 18-6-1993. The investigation by the police was followed by cognizance by the Magistrate under the provisions of the Code and thereafter petitioner was committed to the Court of sessions along w...
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