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May 06 2014 (HC)

Ashwini Choudhary and Another Vs. the State of Bihar

Court : Patna

I.A. Ansari, J. 1. Under challenge, in the present appeals, are the judgment, dated 10.07.2009, passed, in Sessions Trial No. 654 of 2007, by learned Additional Sessions Judge, Fast Track Court No. 1, Banka, and the order, dated 20.07.2009, whereby various sentences have been passed against the accused-appellants. 2. By the impugned judgment, learned trial Court has convicted the accused-appellant, Ashwini Choudhary, under Section 302 read with Section 34 of the Indian Penal Code and accused-appellant, Pawan Choudhary, under Section 302 of the Indian Penal Code and Section 27 of the Arms Act, 1959. Following his conviction under Section 302 read with Section 34 of the Indian Penal Code, the accused-appellant, Ashwini Choudhary, has been sentenced to undergo imprisonment for life. Following his conviction under Section 302 of the Indian Penal Code, the accused-appellant, Pawan Choudhary, too, has been sentenced to undergo imprisonment for life. This apart, consequent upon his conviction...

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May 06 2014 (HC)

Kant Dubey and Others Vs. Brij Mohan Pandey and Others

Court : Patna

1. Heard Mr. J.S. Arora, the learned counsel appearing on behalf of the defendant-appellants and Mr. A.B. Ojha, the learned counsel appearing on behalf of the plaintiff-respondents. 2. This second appeal has been filed assailing the judgment and decree passed by the appellate court below affirming the decree in the suit in favour of the plaintiff-respondents. 3. The plaintiffs instituted the T.S. No. 56 of 1994 praying for the relief of declaration of their title over the suit land described in schedule-Ka of the plaint and further for confirmation of their possession over the same and in alternative for recovery of possession if dispossessed during the pendency of the suit. Later on, by amendment in the plaint, the plaintiffs added the fact of their dispossession from the suit land by the defendants during the pendency of the suit. The consequential relief of permanent injunction restraining the defendants from interfering in peaceful possession of the plaintiffs over the suit land ha...

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May 05 2014 (HC)

Ashok Sah Vs. the State of Bihar

Court : Patna

1. Sole appellant, Ashok Sah has been found guilty for an offence punishable under Sections 22 (C) of the NDPS Act vide judgment dated 30.03.2012 and sentenced to undergo RI for 10 years as well as also slapped with fine appertaining to Rs. 1 Lac in default thereof, to undergo SI for two years additionally vide order dated 31.03.2012 by the 2nd Additional Sessions Judge-cum-Special Judge, NDPS Act, West Champaran at Bettiah in Shikarpur P.S. Case No. 281/2006, G.R. No.2757/2006, Trial No. 08/2007 has challenged the same by preferring instant appeal. 2. PW-8, Satyendra Prasad Singh, Officer-in-charge of Shikarpur P.S. recorded his own fard-e-beyan on 20.06.2006 at about 3:00 p.m. at Shikarpur disclosing therein that on the same day at about 10:00 a.m., he received a confidential information with regard to transportation of Ganja over Swaraj Tractor and trailer having no registration number scribed over the Tractor or trailer towards Mathura Chowk and on account thereof, a raiding party ...

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May 05 2014 (HC)

Shobha Devi @ Masomat Shobha Rani and Another Vs. Most. Mala Devi and ...

Court : Patna

1. Heard learned counsel for the appellants and learned counsel for respondent no. 3. 2. Respondent nos. 1 and 2, the owners of the vehicle have not appeared even after service of notice. 3. The claimants-appellants have preferred this appeal against the judgment dated 19.01.2005 and award dated 11.2.2005 passed by the learned 7th Additional Sessions Judge-cum-Motor Accident Claim Tribunal, Bhagalpur in Accident Claim Case No. 15 of 1991 by which respondent nos. 1 and 2 the owners of the offending vehicle have been directed to make payment of the amount of compensation to the claimants. 4. The case of the claimants-appellants, in brief, is that Suman Kumar Pathak (deceased) aged about 27 years earning Rs.36000/- per annum was the driver of the ill-fated vehicle bearing Registration No. BR 8M-1739 which was owned by respondent nos. 1 and 2 and insured by respondent no. 3 had met with an accident, fell in the ditch causing the death of the driver, conductor and helper of the aforesaid bu...

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May 05 2014 (HC)

Most. Shobha Devi and Others Vs. the United India Insurance Co.Ltd. an ...

Court : Patna

1. The appellants have preferred this appeal against the judgment dated 26.5.2009 passed in M.A.C. no. 4 of 2009/2 of 2008 by the Additional District Judge cum Motor Accident Claim Tribunal, Jehanabad, whereby the claim for compensation under the Motor Vehicles Act has been dismissed. 2. The brief fact of the case is that on 29.6.2004 at about 10 P.M. the deceased Sunil Kumar along with other villagers went near the vehicle in question ( Mahindra Commandar Jeep ) bearing registration no. BR-25-2274 to rescue the same as it got fire due to terrorists attack and during the course of extinguishing fire the oil tanki of the vehile burst out as a result of which the deceased Sunil Kumar and others got burn injury. The deceased was immediately taken to Jehanabad Sadar Hospital and thereafter he was referred to Appolo Burns Hospital, Patna, where he died during the course of treatment. 3. Learned counsel for the appellants submits that admittedly the deceased got burn injury out of the fire c...

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May 02 2014 (HC)

Shambhu Chaudhary and Others Vs. the State of Bihar

Court : Patna

Heard Mr. Bashistha Narayan Mishra, learned counsel appearing on behalf of the petitioners and learned counsel for the State. This criminal revision application is directed against the judgment and order dated 17.12.2002 passed by the 3rd Additional Sessions Judge, West Champaran at Bettiah in Criminal Appeal No.44 of 2000, whereby the appellate court while upholding the conviction of the petitioners under section 498A of the Indian Penal Code and dismissing the appeal, has modified the sentence from two years as awarded by the trial court to one year. This criminal revision was admitted vide order passed on 4.2.2003 and while doing so this Court dismissed the revision against petitioner no.1 Shambhu Chaudhary, who happens to be the husband of the daughter of the informant. Thus this revision proceeded only in respect of petitioner nos.2 to 4. It is admitted by Mr. Mishra, learned counsel appearing for the petitioners that by virtue of dismissal of the criminal revision application the...

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May 02 2014 (HC)

Shambhu Nath Pathak Vs. Kanti Devi

Court : Patna

The present Appeal has been filed against order dated 02.04.2007 passed by the Principal Judge, Family Court at Aurangabad in Matrimonial Case No. 03 of 1992/97 of 2006 preferred by the Appellant seeking divorce. The parties were married on 22.04.1984. On that date they were approximately 17 and 16 years of age respectively. The respondent stayed in the matrimonial home till February, 1985 only. She returned on 05.04.1988. A Male and Female child were born. The male child did not survive. The respondent expressed desire to continue with her studies and went back to the parental home on 06.04.1988 never to return. The Appellant filed suit for divorce alleging that she had adulterous relation with another contending that the girl child was born from that relationship. The Principal Judge disbelieved the allegations of adultery but noticed as a matter of fact that relations between the parties had been soured to an extent that there coming together did not appear possible. In the meantime...

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May 02 2014 (HC)

Shamshad Ali Khan Vs. the State of Bihar and Others

Court : Patna

After going through the punishment order, as contained in Annexure-10, this Court finds that the reliance placed by learned senior counsel for the petitioner on the order dated 24.09.1999 passed in CWJC No.5723 of 1998 is misconceived. In the said order, a Bench of this Court, placing reliance on an earlier case of unauthorized absence of 195 days resulting into punishment having been interfered with by the Court on quantum of punishment, disposed of the writ application remitting the matter back to the respondents to consider the case of petitioner of the case also on the question of quantum of punishment, as he had been dismissed from service on account of absence for 220 days. In the present case, the order of dismissal of the DIG dated 6.10.1994 gives the entire detail of the conduct of petitioner. From this order it appears that, while the petitioner was on 14 days leave with effect from 27.3.1992, he was transferred from Darbhanga to Simdega on 10.4.1992. On the expiry of leave o...

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May 01 2014 (HC)

Shankar Yadav @ Shanker Yadav and Others Vs. the State of Bihar

Court : Patna

1. These two appeals arise out of judgment of conviction, dated 24.03.2007, and order of sentence, dated 31.03.2007, passed by Presiding Officer, Additional Court (F.T.C.) No. 1, Rohtas, at Sasaram, in Sessions Trial No. 379/2005, Trial No. 85/2005, arising out of Sasaram (Tilauthu) P.S. Case No. 674/04, convicting the five appellants under Sections 302 and 364 I.P.C. with direction to undergo imprisonment for life on both the counts. The two sentences have, however, been directed to run concurrently. 2. Prosecutions case, as set out in the fardbeyan of Chhathan Yadav (P.W. 8), recorded by S.I. Hare Krishna Mandal (P.W. 9), Officer-in-Charge, Tilauthu P.S., on 15.12.2004, at 6:45 A.M., at the police station campus, is that on 14.12.2004, at about 10:00 A.M., when the informant was sitting in his khalihan, situate on the eastern end of Reriya village, and his brother, Guru Charan Yadav, was getting ready, with his tractor, to go to the market, the informant saw 40-50 extremists, wearing...

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May 01 2014 (HC)

Roshan Rai and Others Vs. S.K. NizamuddIn and Others

Court : Patna

1. This First Appeal has been filed against the judgment and decree dated 19th February, 1975 passed in Title Suit No.77/135 of 1969/74 by the learned 5th Additional Sub-ordinate Judge, Motihari. 2. The plaintiff-original appellant herein, brought the aforesaid suit for declaration of title and recovery of his possession along with mesne profit against defendant 1st party with respect to the suit land, fully detailed in Schedule 1 of the plaint, or alternatively, for a decree of partition of the lands, fully detailed in Schedule 2 of the plaint, against all the defendants. 3. The suit was contested by the defendants 1st party, who are respondent Nos. 1 to 4 herein in the present appeal, as also by defendant Nos. 5,6 and 7, by filing their separate written statements. Both sides led their evidence and produced all the materials in support of their respective claims with respect to the suit properties. However, on conclusion of trial, by the impugned judgment and decree, the learned tria...

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