Court : Jharkhand
Reported in : [2007(1)JCR54(Jhr)]
Dilip Kumar Sinha, J.1. The present appeal has been preferred by the sole appellant against the judgment of conviction under Section 376, IPC and order of sentence passed respectively on 18th and 19th November, 1997 whereby and whereunder the appellant was sentenced to undergo rigorous imprisonment for 10 years.2. The prosecution story in brief is that the prosecutrix Mira Kumari delivered her statement before the Bundu Police at about 8.30 p.m. stating, inter alia, that she was aged about 10 years and on the same day while she was returning from the grocery shop of Akchhay Mahto after pur-purchasing Biscuit, she came across the appellant Dilip Machhua who after delivering a Chocklet asked her to accompany him and took her away towards Manager Bandh on the northern bank of the pond and layed her down from back side. She further narrated that the appellant terrorized that in case of raising alarm she would be thrown in the pond after killing her. When she could not resist out of fear, t...
Tag this Judgment!Court : Jharkhand
Reported in : [2007(1)JCR560(Jhr)]
Dilip Kumar Sinha, J.1. The present Cr. Appeal is directed against the order of conviction passed by the Sessions Judge, Godda in Sessions Trial No. 44/1994 on 9.5.1995 against the appellant for the charge under Section 376 I.P.C. and the appellant was sentenced to undergo rigorous imprisonment for 10 years.2. The brief fact of the case as it stands narrated in the statement (Ext. 2) of the prosecutrix Bijli Devi (P.W.3) was that while she had been to the river side in the evening of 10.10.1993 watching her catties. Catties grazing, at about 6 p.m., the appellant co-villager all of a sudden caught hold her from behind and pushed with his knees on her back by holding her shoulders, as a result of which she fell down on the ground and raised objection. She further narrated that the appellant climbed on her body, gagged her mouth with the help of his towel and after removing her Sari & Petticoat committed rape on her When she resisted, it is alleged that, he slapped her. After ejaculation...
Tag this Judgment!Court : Jharkhand
Reported in : [2007(3)JCR103(Jhr)]
Dilip Kumar Sinha, J.1. The present Cr. Appeal has been directed against the judgment of conviction and order of sentence passed by the 3rd Additional Sessions Judge, Hazaribagh in Sessions Trial No. 451/96 on 6th May, 1999 and 7th May, 1999 respectively whereby and whereunder the sole appellant Suresh Munda was convicted under Section 304B I.P.C. and was sentenced to undergo rigorous imprisonment for 10 years therein.2. The prosecution story is in a narrow compass. The informant Bechan Pahan by presenting a written report before Mandu (Kuju) Police alleged that in June, 1994 his daughter Pairo Devi (since deceased) was married to the appellant Suresh Munda and after the marriage the appellant had been assaulting and extended torture to his wife for dowry and other reasons. On 22.7.96 the informant was communicated that his daughter Pairo Devi was seriously ill in her matrimonial home. When the informant went there with son and other witnesses, he found the dead body of his daughter Pa...
Tag this Judgment!Court : Jharkhand
Reported in : [2007(1)JCR226(Jhr)]
ORDERN.N. Tiwari, J.1. The plaintiff-appellant has preferred this appeal against the judgment and decree of affirmance passed in Title Appeal No. 56 of 1993 dismissing the appeal and upholding the judgment and decree dated 30.7.1993 passed by learned Munsif, Chatra in Title Suit No. 12 of 1984.2. The plaintiff filed the suit for the reliefs, inter alia, for a decree declaring that the sale-deed dated 12.8.1972 executed by defendant No. 2 in favour of the defendant No. 1 and the deed of agreement of reconveyance of the same date is collusive, void, without consideration, inoperative and illegal. The plaintiff had further prayed for a decree for permanent injunction restraining the defendant No. 1 from disturbing the possession of the plaintiff and in case of dispossession, for delivery of possession or alternatively for a decree for redemption of the suit property.3. The plaintiffs case was that there was amicable family partition in the year 1947 and the suit property was exclusively a...
Tag this Judgment!Court : Jharkhand
Reported in : [2007(1)JCR500(Jhr)]
ORDERD.K. Sinha, J.1. This Cr. Revision application under Sections 397 and 401 of the Code of Criminal Procedure is directed against the impugned order dated 11.8.2003 passed by Shri A.D.P. Singh, Principal Judge, Family Court, Hazaribagh in Maintenance Case No. 134 of 2000 whereby and whereunder the Principal Judge rejected the petition of the petitioner, Sargam Rana, filed under Section 125 of the Code of Criminal Procedure though the minor sons of the petitioner were jointly awarded maintenance @ Rs. 1000/- per month from August, 2002 to be paid by father-opposite party, Sohar Rana till the minor sons of the petitioner attain their majority.2. The brief fact of the case is that a proceeding under Section 125 of the Code of Criminal Procedure was initiated on the? application of the petitioner in the Court of Chief Judicial Magistrate, Hazaribagh giving rise to Maintenance Case No. 134 of 2000 against her husband-opposite party claiming a sum of Rs. 1000/- per month being her mainten...
Tag this Judgment!Court : Jharkhand
Reported in : [2007(2)JCR167(Jhr)]
..... was already decided by the competent authority and the decision was confirmed upto the revisional authority and that the suit is barred under the provisions of the santhal pargana tenancy act. learned lower appellate court, thus, concurred with the findings of the trial court and dismissed the appeal.7. mr. s.n. das, learned counsel appearing on behalf of the appellants .....
Tag this Judgment!Court : Jharkhand
Reported in : I(2008)BC630; [2008(1)JCR203(Jhr)]
..... on the date of the alleged execution of the documents. learned court below has observed that though, under the provisions of section 2(b), 11 and 12 of indian stamp act, 1899, the documents should have been embossed on the date of execution, but the documents were apparently embossed either much prior to the purported date of execution or much later ..... signature and that of the co-defendants were taken on blank papers, should not have been accepted by the court below since as per section 18 of the negotiable instrument act, if a person signs any paper, it is presumed that he has read and understood the paper and the onus was, therefore, upon the defendants to rebut the presumption by .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(1)JCR293(Jhr)]
..... after handing over the charge of his office, is in utter violation of the govt. rules and instructions and against the principles of natural justice and on account of such acts, he had suffered not only mental agony and tension but also suffered humiliation or account of lowering down of his prestige in public estimate. it is further claimed that he ..... the point of cause of action and maintainability of the suit, learned counsel argues that the cause of action cannot be confined to a single act or transaction. rather, it is the cumulative effect of such act or fact, that gives rise to cause of action for filing the suit. the learned counsel would explain that the first date of cause of ..... under which the plaintiff was directed to proceed on leave. from the entire facts and circumstances, there does not appear that the defendant had ever indulged in any such act with intent to defame the plaintiff or to lower down his prestige and reputation in the society or with knowledge that such .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(1)JCR269(Jhr)]
..... use of the premises by the defendant's agents, some of the damage was occasioned due to lack of regular maintenance. the damage to the electric wirings however, suggests willful act, which has to be attributed to the defendants and its agents who were in actual possession and use of the premises.16. the plaintiffs have claimed that they have always .....
Tag this Judgment!Court : Jharkhand
Reported in : 2009ACJ192; [2009(116)FLR770]; [2008(1)JCR97(Jhr)]
..... up of the employer. section 17 is important provision which provides that any contract or agreement whereby a workman relinquishes any right of compensation under the act, has been declared to be ineffective and invalid. for better appreciation, section 17 is quoted herein below:17. contracting out.--any contract or agreement whether ..... in view of the employment provided to the widow-claimant, she will also be entitled to compensation under the workmen's compensation act.7. workmen's compensation act (in short the act) has been enacted for providing social security to the workmen. it makes the employer liable to pay compensation to the workman ..... of employer and employee existed subsequent thereto. learned counsel submitted that alter the accident took place, the workman was either entitled to compensation under the act for the said accident on account of being declared medically unfit by the medical board or employment to his dependent. learned counsel submitted that workman was .....
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