Court : Jharkhand
Reported in : 2001CriLJ4589; I(2002)DMC152
deoki nandan prasad, j.1. this criminal appeal is directed against the judgment and order of conviction and sentence dated 14.1.2000/17.1.2000 passed by shri awadh kishore singh chauhan, 1st additional session judge, hazaribagh in sessions trial no. 299/1995, whereby and hereunder the learned sessions judge convicted the appellants under sections 304b and 201 of the indian penal code and sentenced them to undergo r.i. for 10 years under section 304b, i.p.c. and one year r.i. under section 201, i.p.c. each. however, both sentences ordered to run concurrently.2. the case of the prosecution in brief is that chinta devi deceased was married with the appellant no. 3, raj kumar mahto on 5.5.1992 and since after the marriage accused persons/appellants started demanding rajdoot motorcycle and a golden chain weighing two tolas and due to non-fulfilment of the demands, chinta devi was subjected to torture. it is further alleged that chinta devi whenever came to her naihar she stated about the said demands and torture meted to her by the in-laws/appellants. it is further alleged that on 6.2.1995 at about 11 a.m. two persons of village koriyadih came to the informant's village and informed that his sister had fled away. on this information, informant alongwith his father and other rushed to the sasural of the deceased. on enquiry, the accused persons disclosed that his sister has fled away. therefore, the informant alongwith others started searching but she could not be traced out and as .....
Tag this Judgment!Court : Jharkhand
Reported in : II(2002)DMC411
vikramaditya prasad, j.1. the appellants stand convicted for the offence under section 302/34, ipc and sentenced to undergo imprisonment for life.2. the following facts are not in dispute(i) the victim savita devi (deceased) was married to appellant no. 1 one year prior to her death (ii) on 16.6.1992 she received 3rd & 4th degree of burn injuries while she was in the house of her in-laws and (iii) she succumbed to that injuries in the same night.3. ext. 2--the fardbeyan of the victim who subsequently died was recorded by one s.i., a.k. jha at 23.15 hours on 16,6.1992 at the patliputra medical college & hospital in the surgical ward no. 81e wherein the victim stated that she was married to raj kumar one year back and when she came to her matrimonial house, her mother-in-law, a.2 and her husband (1994)2scc, used to tell that your brother had given nothing and not even a tickley. she had passed in confrontation of these events. in her naihar, on 16.6.1992 when after doing the household works, she was sleeping, at about 4.00 p.m. al and a2 came into the room and told that she did not work rather she was always sleeping, then they assaulted her the mother-in-law a2 ordered that she would be burnt to death. then al put k. oil on her head and set fire with a matchbox and bolted the door from outside. because of the burns, she started crying and also started dashing the door, when after sometime on her cries, people came and opened the door, took her out and brought her to hospital. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(4)JCR379(Jhr)]
tapen sen, j.1. in this writ application the petitioners have prayed for quashing the report dated 11.8.1995 of the circle officer, daltonganj (respondent no. 3) as contained at annexure 5 and also the order dated 18.10.1995 passed thereupon by the deputy commissioner, palamau, (respondent no. 2), whereby and where-under he came to the conclusion that the lands had been settled in violation of the provision of the bihar land reforms (fixation of ceiling area and acquisition of surplus land) act, 1961 (hereinafter referred to for the sake of brevity as the ceiling act). he accordingly cancelled the settlements which had been made in favour of the petitioners and further directed the circle officer to take possession of the records and to send recommendation to the sub-divisional officer for purposes of distribution of the lands in question to persons of the appropriate category. the deputy commissioner also observed that if the opposite parties therein had any thing to say then they could do so by filing an appeal under the provision of 37 of the ceiling act.2. the aforementioned order was passed on 18.10.1995, mr. k.k. sahay, learned counsel for the petitioners has stated that by a gazette notification published on 8.9.1995, section 37 of the ceiling act was deleted. the aforementioned gazette notification was communicated to all divisional commissioners, additional collectors and deputy commissioners by forwarding a letter dated 26.9.1995. in support of the aforesaid .....
Tag this Judgment!Court : Jharkhand
Reported in : 2003(2)BLJR1029; II(2003)DMC578; [2003(2)JCR595(Jhr)]
deoki nandan prasad, j.1. this appeal is directed against the judgment of conviction and sentence dated 28.7.1998 passed by shri anant vijay singh, 3rd additional judicial commissioner, ranchi in sessions trial case no. 395 of 1997 in sessions trial no. 24 of 1998, whereby and whereunder, the learned additional judicial commissioner, ranchi convicted the appellants for the offences under section 304b/34 of the indian penal code, 498a/34 of the indian penal code and also under section 3/4 of the dowry prohibition act and sentenced them to undergo rigorous imprisonment for ten years each under section 304b/34 of the indian penal code, three years rigorous imprisonment under section 498a/34 of the indian penal code, five years rigorous imprisonment to appellants no. 1, 2 and 3 under section 3 of the dowry prohibition act and two years under section 4 of the dowry prohibition act to all the appellants. however, the sentences were directed to run concurrently. 2. the prosecution case in short as alleged is that one ram lagan sao submitted a written report before the police alleging therein that his daughter munni devi was married with babu lal sao (appellant no. 2) in the year 1996. thereafter she went to sasural and for about six months she remained peacefully there, but thereafter the appellants started demanding a cycle, watch and money by way of dowry and when the said demand could not be fulfilled, the accused/appellants started torturing the deceased. it is further alleged .....
Tag this Judgment!Court : Jharkhand
Reported in : 2003(2)ALT(Cri)18; 2003(51)BLJR1029; II(2003)DMC578a
deoki nandan prasad, j.1. this appeal is directed against the judgment of conviction and sentence dated 28.7.1998 passed by shri anant vijay singh, 3rd additional judicial commissioner, ranchi in sessions trial case no. 395 of 1997 in sessions trial no. 24 of 1998, whereby and whereunder, the learned additional judicial commissioner, ranchi convicted the appellants for the offences under sections 304b/34 of the indian penal code, 498a/34 of the indian penal code and also under section 3/4 of the dowry prohibition act and sentenced them to undergo rigorous imprisonment for ten years each under section 304b/34 of, the indian penal code, three years' rigorous imprisonment under section 498a/34 of the indian penal code, five years' rigorous imprisonment to appellant nds. 1, 2 and 3 under section 3 of the dowry prohibition act and two years' under section 4 of the dowry prohibition act to all the appellants. however, the sentences were directed to run concurrently.2. the prosecution case in short as alleged is that one ram lagan sao submitted a written report before the police alleging therein that his daughter munni devi was married with babu lal sao (appellant no. 2) in the year 1996. thereafter she went to sasural and for about six months she remained peacefully there, but thereafter the appellants started demanding a cycle, watch and money by way of dowry and when the said demand could not be fulfilled, the accused/ appellants started torturing the deceased. it is further .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(2)JCR672(Jhr)]
..... prakriti bhusan, air 1982 cal 14, and that of the andhra pradesh high court in prince muffakham jah bahadur v. h.e.h. .....
Tag this Judgment!Court : Jharkhand
Reported in : II(2003)DMC662
vishnudeo narayan, j.1. this appeal has been preferred by the appellant named above against the impugned judgment and order dated 23.7.1997 passed in s.t. no. 345 of 1989 by shri dhruv narain upadhyay, 2nd additional sessions judge, giridih whereby and whereunder the appellant was found guilty for the offence punishable under section 304b of the indian penal code and he was convicted and sentenced to undergo ri for life. however, co-accused karu sao was found not guilty and acquitted of the said charge.2. the prosecution case has arisen on the basis of the fardbeyan (ext. 5) of p.w, 1. narain sah, the informant and father of kanti devi, the deceased of this case recorded by ast rama shankar singh of hirodih on 30.12.1987 at 15.30 hours regarding the occurrence which is said to have taken place between 26th december, 1987 and 30th december, 1987 at village mukunriih in which the dowry death of kanti devi aforesaid was committed. the case was instituted by drawing of the formal fir (ext. 4) on that very day at 16.00 hours which was received in the court empowered to take cognizance on the following day3. the prosecution case, in brief, is that kanti devi, the deceased of this case is the lawfully wedded wife of appellant suresh prasad sao, their marriage having been performed in the month of april, 1987 in which rs. 15,000/- in cash and utensils worth rs. 1,000/- were provided to the appellant as dowry and after the marriage she had gone to her matrimonial home where she was .....
Tag this Judgment!Court : Jharkhand
Reported in : 2004CriLJ1712; I(2004)DMC489; [2003(4)JCR473(Jhr)]
vishundeo narayan, j. 1. the appellant named above has preferred this appeal against the impugned judgment and order dated 47.5.2001 and 19.5.2001 respectively passed in sessions trial no. 589 of 1998 by shri rajeshwar prasad srivastava, 4th additional judicial commissioner, ranchi whereby and whereunder the appellant was found guilty for the offence punishable under section 304b and 498a of the indian penal code and he was convicted and sentenced to undergo rigorous imprisonment for seven years and three years for the offence under section 304b and 498a of the indian penal code respectively. however both the sentences were ordered to rum concurrently.2. the prosecution case arisen on the basis of the written report (ext. 4) of si sanjay kumar of lower bazar p.s. ranchi, the informant, handed over to pw 10 abhay kumar jha, the io of this case at the place of occurrence on 21.4.1998 at 11.30 hours regarding the occurrence which is said to have taken place on that very day at 10.30 hours in the house of the appellant situate at north samaj street, tharpakhana, p.s. lower bazar, ranchi regarding the dowry death of dimple verma, the lawfully wedded wife of the appellant, caused by burn and the case was instituted by drawing of the formal fir (ext. 6) on the basis of the said written report on that very day which was received on 22.4.1998 in the court empowered to take cognizance.3. the prosecution case, in brief, is that the informant was on patrolling duty in the tharpakhana at .....
Tag this Judgment!Court : Jharkhand
Reported in : 2004(1)BLJR780; 2004CriLJ2137; [2005(2)JCR399(Jhr)]
vishnudeo narayan, j.1. this appeal at the instance of the appellant has been directed against the impugned judgment and order dated 19.4.1999 and 21.4.1999 passed in sessions case no. 178 of 1998/ 165 of 1998 by sri mungeshwar sahoo, 1st additional sessions judge, godda whereby and whereunder the appellant was found guilty for the offence punishable under section 376 of the indian penal code and he was convicted and sentenced to undergo r.i. for seven years.2. the prosecution case has arisen on the basis of the fardbeyan (ext. 3) of informant pw 4 zahida khatoon, a married woman, said to be aged about 15 or 16 years as per medical evidence and alleged to be the victim of ravishment, recorded by pw 8 s.i. nand kishore sharma, the i.o. on 20.1.1998 at 13.00 hours in godda muffasil ps regarding the occurrence which is said to have taken place on that very day at 6.00 hours on the pinda of the pond in village zamni paharpur p.s. godda town district godda and a case was instituted by drawing a formal fir ext. 3/1 under sections 354 and 323/34 of the indian penal code against the appellant.3. the prosecution case, in brief, is that pw 4, the informant had gone in the bahiyar near the village pond at 6.00 hours on 20.1.1998 for nature's call and the appellant caught her hand with intention to outrage her modesty and she was also assaulted by fist and slap when she raised alarms and, thereafter, he further assaulted her by stick (danda) causing bleeding injury. prosecution case .....
Tag this Judgment!Court : Jharkhand
Reported in : II(2004)DMC837
lakshman uraon, j.1. both the appellants, named above, have preferred this appeal, challenging the judgment and order of conviction and sentence dated 20th december, 1999, passed by sri vinod kumar sinha, learned 5th additional sessions judge, giridih, in sessions trial no. 104 of 1997, arising out of bagodar (suriya) p.s. case no. 20 of 1997, corresponding to g.r. no. 246 of 1997, whereby and whereunder both of them have been convicted under sections 304b and 498a of the indian penal code and sentenced to undergo life imprisonment for the offence under section 304b of the indian penal code and imprisonment for three years for the offence under section 498a of the indian penal code and to pay a fine of rs. 500/- each and in default of payment of fine to undergo simple imprisonment for one month each. however, it has been ordered that both the sentences in each count in respect of both the convicts shall run concurrently.2. the facts leading to the present case are that p.w. 3 tukani massomat, wife of late roshan mandal, had four daughters. deceased khiriya devi was married with appellant no. 1 rajendra mandal four years prior to the alleged date of occurrence dated 14th february, 1997 at village nagar keswari mahua toli, police station suriya bagodar, district giridih. the informant p.w. 5 prasadi mandal is the maternal uncle of deceased khiriya devi. the younger sister of the deceased, namely, dropadi devi (p.w. 2) is residing in the same village in the house of her mother .....
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