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Apr 09 2014 (HC)

Ramashray Yadav and Others Vs. the State of Bihar

Court : Patna

1. Petitioners have prayed for quashing of Khagaria Police Station Case no.301 of 2008 registered under Section 268/420 of the IPC and 3/4 of Bihar Ban on Lottery Act, 1983. 2. S.I., Rajendra Prasad Yadav of Town Police Station (Informant) as per direction of the Superintendent of Police under the leadership of Sub-divisional Police Officer participated during conduction of raid at the House-cum-Tea Stall of Ramashray Yadav on 15.06.2008 at about 02:50 P.M. and recovered 25 packets of lottery ticket belonging to Diamond Government of Sikkim. Because of the fact that no document was shown therefore Ramashray Yadav along with Manish Kumar were apprehended while Raghubansh Prasad Yadav and Raj Kumar @ Raju succeeded in their escape. Further it has been averred that on search 58 Kg. of Diamond Dear lottery ticket was seized from the house of Raghubansh Prasad Yadav cash appertaining to Rs.67,170/- was also seized therefrom. One Ramjeevan Yadav, the tea vendor was also apprehended. It is al...

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Apr 07 2014 (HC)

Md. Wasiqur Rahman @ Wasique and Others Vs. the State of Bihar

Court : Patna

1. The three appellants were charged with committing offence under Section 364 of the Indian Penal Code by an order passed on 15.04.1999 by the learned 2nd Additional Sessions Judge, Araria, in Sessions Trial No. 179 of 1998 and by judgment dated 06.08.2002, passed by the learned Presiding Officer, Fast Track Court-I, Araria, they were held guilty of committing the said offence. The appellants were heard on sentence and each of them was directed to suffer rigorous imprisonment for ten years. The judgment of conviction and the order of sentence passed on the appellants is being challenged in the present two appeals one preferred by solitary appellant Md. Wasiqur Rahman @ Wasique and the other by the remaining two, namely, Md. Hassan and Md. Sahid. 2. The prosecution case emanated from Ext. 1, the Fardbeyan of Most. Tara Devi, the mother of victim/deceased Vidyanand Singh, which was recorded on 08.02.1997, 5.30 P.M. in which she stated that on 27.01.1997, appellants Md. Hassan and Md. Sa...

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Apr 07 2014 (HC)

Sanjay Dusadh and Others Vs. the State of Bihar

Court : Patna

1. Out of the present batch of four appeals, one bearing Cr. Appeal (SJ) No. 386 of 2002 preferred by Tetar Yadav, stands abated on account of his death vide order dated 31.3.2014 passed by this Court. The six appellants of the remaining three appeals were tried by the learned 6th Addl. Sessions Judge, Aurangabad for having committed dacoity on 16.3.1991 in the house of informant Balmuni Singh, who was not examined on account of his death. After being tried for the charge under Section 395 of the Indian Penal Code in Sessions Trial No. 324/1991 / 136/2001, the appellants were held guilty of committing the said offence and each of them was directed to suffer rigorous imprisonment for seven years. They have preferred this batch of appeals to challenge the impugned judgment of conviction dated 9.7.2002 and the order of sentence dated 11.7.2002. 2. Undisputedly, a dacoity was committed in the house of informant Balmuni Singh on 16.3.1991 at 6:15 P.M. by unknown dacoits, numbering 8-10. The...

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Apr 07 2014 (HC)

Jahangir Alam Vs. State of Bihar

Court : Patna

1. The present appeal is directed against the judgment of conviction and order of sentence dated 06.08.2002 and 08.08.2002 respectively passed by the learned Sessions Judge, Katihar in Sessions Trial No.224 of 2001 by which the solitary appellant Jahangir Alam was held guilty of committing offence under Section 376 IPC and was directed to suffer rigorous imprisonment for ten years. 2. The appellant was put on trial with his father Nawab Arfeen after being charged under Section 376 IPC and as regards his father he was indicted U/S 376/109 I.P.C. His father was acquitted and the appellant was convicted as above. 3. Petition of complaint dated 22.04.1997 filed by P.W.1;the prosecutrix of the case, was the basis upon which the trial had proceeded. As per the petition of complaint, the occurrence had taken place some six months prior to the filing of the same and it appears from the allegation that the prosecutrix was subjected to sexual intercourse for a continuous period of more than six ...

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Apr 04 2014 (HC)

Subhankar Jha Vs. State of Bihar

Court : Patna

1. Subhankar Jha, the appellant, appeals against the judgment of conviction dated 18.07.2002 and order of sentence dated 19.07.2002 passed by the learned Presiding Officer, Fast Track Court-I, Purnea in Sessions Trial No.184 of 1997/ 113 of 2002 by which the appellant was held guilty of committing an offence under Section 307 IPC and was directed to suffer rigorous imprisonment for ten years. 2. The informant Subhash Chandra Jha (P.W.3) had three brothers. Appellant Subhankar Jha was one of the three brothers and another brother Subodh Jha, a witness, was not examined. It appears from paragraph-11 of the evidence of P.W.3 that all brothers owned and possessed 18 kathas of bamboo clumps jointly. It appears further from the same paragraph that the brothers also enjoyed equal share in the share of properties of their deceased father between themselves. 3. In the above admitted fact situation the allegation was that this appellant Subhankar Jha had cut 8-9 bamboos from the said bamboo clum...

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Apr 04 2014 (HC)

Dharmendra Yadav Vs. the State of Bihar

Court : Patna

S.P. Singh, J. 1. The appeal is directed against judgment, dated 11th October, 2012, passed, in Sessions Trial No. 409 of 2009, arising out of Raghunathpur Police station Case No. 67 of 2007, by learned 5th Ad-hoc Additional Sessions Judge, Siwan, convicting the appellant under Sections 364A and 395 of the Indian Penal Code and sentencing him to undergo imprisonment for life and rigorous imprisonment for ten years for his conviction under Sections 364A and 395 of the Indian Penal Code respectively with further direction to pay fine of Rs.1000/- on each count and, in default of payment of fine, to undergo further imprisonment for one month. 2. The prosecutions case, as made out in Fardbeyan of one Harendra Sah, S/o Radhe Kishan Sah, of village Gaijour Police station Andar, District Siwan, recorded by Sub inspector R. N. Singh, Raghunathpur Police Station, on 17.06.2007, at 00.15 AM, at the house of the informants brother-in-law, Surendra Sah, in village Rajpur, Police station Raghunathp...

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Apr 02 2014 (HC)

Rajesh Mahato Vs. the State of Bihar

Court : Patna

1. Appellant, Rajesh Mahto who has been found guilty for an offence punishable under Section 328 IPC, 379 IPC vide judgment dated 17.01.2012 and sentenced to undergo R.I. for seven years as well as also fined appertaining to Rs.500/- in default thereof to undergo R.I. for six months additionally, R.I. for two years respectively under each head vide order of sentence dated 18.01.2012 passed by Additional Sessions Judge, FTC-II, Samastipur in Sessions Trial No.506 of 2010 / 284 of 2011 challenged the same under present appeal. 2. Rajesh Paswan (PW-1) gave his fardbeyan on 20.06.2010 at about 07:30 AM. at Platform No.1 of Darbhanga Junction before police officials of G.R.P. Darbhanga disclosing therein that he along with his maternal brother Vikash Paswan, aged about 12 years proceeded from Delhi on 18.06.2010 through Vaishali Express and reached at Samastipur on 19.06.2010 at 07:00 P.M. where they began to wait Katihar Passenger at Platform No.6. At that very time two young chap in betwe...

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Apr 02 2014 (HC)

Md. Khairul Vs. State of Bihar

Court : Patna

1. Three appellants were put on trial by the learned 5th Additional Sessions Judge, Samastipur after being indicted of committing offences under Sections 304B and 498A of the IPC and for being tried in Sessions Trial No.296 of 1999. By judgment dated the 29th June of 2002, the three appellants were held guilty of committing the two offences, i.e., 304B and 498A IPC. After being heard on sentence on the same day, each of the appellants was directed to suffer rigorous imprisonment for ten years on each of the two counts. The appellants have come up before this Court through the present appeal to question the correctness of the findings as regards their guilt and the appropriateness of the order of sentence. 2. The occurrence was dated on 26th of July, 1996 and as per allegation it had taken place at 6 A.M. The informant Md. Shakil who was examined as P.W.5 alleged that while he was passing through the house of the appellants, while going to purchase some tea, he heard the sound of gaggin...

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Apr 02 2014 (HC)

Tengar Miyan @ Raza Azad Vs. State of Bihar

Court : Patna

1. The solitary appellant Tengar Miyan @ Raza Azad was convicted for the offence under Section 366 IPC and was directed to suffer rigorous imprisonment for five years as also to pay a fine of Rs.1,000/-, else to suffer rigorous imprisonment for further period of six months. 2. P.W.5 Thag Sah filed a written report after 20-21 days of the disappearance of Jyoti Kumari claiming that she was his daughter and she was found missing on 09.10.1998 from his house at 3/4 P.M. The prosecution story further was that the informant (P.W.5) filed a petition before the Sub Divisional Magistrate, Siwan of the above facts and made a hectic search for the girl at all imaginable places of his relation, but could not find out a lady nor his daughter could be recovered by the police. 3. The investigating officer Akshaya Lal (P.W.6) would say that he took the investigation of the case after drawl of the FIR and recorded the statements of different persons, besides inspected the place of occurrence also. P.W...

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Apr 02 2014 (HC)

Chandrawati Devi Vs. Sahdeo Ram and Others

Court : Patna

1. The plaintiff no. 2-appellant has preferred this appeal against the judgment dated 28.01.2005 passed by the learned 4th Additional District Judge, Siwan, in Title Appeal no. 4 of 1996 by which the judgment and decree dated 8.12.1995 and 3.1.1996 respectively passed in Title Suit no. 47 of 1989 by the learned 2nd Munsif, Siwan, have been set aside, the appeal has been allowed and the Title Suit no. 47 of 1989 has been remanded to the court below for deciding it afresh after framing proper additional issues and taking evidence of the parties. 2. The plaintiff no.1-respondent no.2, Dinesh Ram, filed Title Suit no. 47 of 1989 for declaration that the deed of gift dated 1.11.1988 (Ext.E) executed by his father, namely, Haruni Ram (defendant no. 2) in favour of defendant no. 1, namely, Sahdeo Ram (original respondent no. 1) for the suit land was forged, fabricated, without consideration and not legally executed giving any right to the donee, besides permanent injunction from dispossession...

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