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Apr 29 2014 (HC)

Sipahi [email protected] Paswan Vs. the State of Bihar

Court : Patna

1. Appellant, Sipahi Ram @ Sipahi Paswan has been found guilty for an offence punishable under Section 412 of the IPC while appellant, Vijay Koiri has been held guilty for an offence punishable under Section 395 of the IPC vide judgment dated 29.02.2012 and both have been directed to undergo R.I. for 10 years along with fine of Rs. 5,000/- in default thereof, to undergo S.I. for six months additionally, independently, vide order dated 02.03.2012 passed by Additional Sessions Judge-FTC-IV, Sasaram in Sessions Trial No. 282/1991/198/2010, the subject matter of instant appeal. 2. PW-6, Ram Pravesh Tiwari had recorded his Fard-e-beyan on 22.09.1990 at about 12:30 p.m. at his house lying at village-Karmaini, P.S. Natwar, Distt-Rohtas before O/C, Natwar P.S. disclosing therein that unknown dacoits have raided his house in the preceding night of 21.09.1990 at 11:00 p.m. and took away all their belongings and he had detailed the detailed articles in the Fard-e-beyan itself. He had further clai...

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Apr 29 2014 (HC)

Nathuni Mehta and Another Vs. the State of Bihar

Court : Patna

1. Three accused persons, i.e., the two appellants, spouses between themselves and their son Parmod Mehta, were put on trial by the learned 4th Additional Sessions Judge, Aurangabad after being charged with committing offences under Sections 304B and 302/34 of the Indian Penal Code. By judgment dated 18th March 1997, they were held guilty of committing the offence only under Section 304B of the Indian Penal Code. They were heard on sentence on 19.3.1997 and each of them was directed to suffer rigorous imprisonment for seven years. While the two appellants Nathuni Mehta and his wife Fulwa Devi preferred this appeal jointly, their son Promod Mehta separately preferred Criminal Appeal (SJ) No. 129 of 1997, but it appears that while he was languishing in prison he died there and his appeal stood abated on that account as may appear from the order of the Court passed on 22.4.2014. 2. Some of the undisputed facts were that the deceased Sitawa Devi was married to Pramod Mehta sometimes in the...

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Apr 28 2014 (HC)

Narad Panday Vs. the State of Bihar and Others

Court : Patna

This Petition under Article 226 of the Constitution is filed by one Narad Pandey, an officer in Judicial Service of the State of Bihar, against the Government Notification dated 16th December 2010 issued in exercise of power conferred by Rule 74(b)(ii) of the Bihar Service Code. Under the said Notification, the petitioner has been compulsorily retired in public interest. In lieu of notice, the petitioner was ordered to be paid three months pay and allowances. The petitioner was appointed as a Munsif in Bihar Civil Service (Judicial Branch) in 1989 after due selection by the Bihar Public Service Commission. From 1989 till 2010, the petitioner continued to serve in the cadre of Munsif. The case of the petitioner for compulsory retirement in public interest was taken up by the High Court in 2009, the petitioner having crossed the age of 50 years and having reached the age of 53 years. Pursuant to the recommendation made by the High Court, the petitioner was retired from service in public ...

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Apr 25 2014 (HC)

Niraj Singh Vs. the State of Bihar

Court : Patna

S.P. Singh, J 1. The present appeal has been filed by the two accused-appellants, namely, Niraj Singh and Ranjeet Singh, against judgment of conviction, dated 28.01.2006, under Sections 302 read with Section 34 of the Indian Penal Code, passed by Additional Sessions Judge, Fast Track Court-III, Jehanabad, in Sessions Trial Nos. 205 of 2005/126 of 2005, arising out of Karpi P.S. case No.107 of 2004, G.R. No. 1857 of 2004. The accused-appellants have been sentenced, by order, dated 31.01.2006, to suffer imprisonment for life under Section 302 read with Section 34 of the Indian Penal Code. 2. During the hearing of the appeal, appellant, namely, Niraj Singh, took the plea of juvenility vide I.A. No. 724 of 2014, whereupon his conviction was set aside and the case against him was remitted to Juvenile Justice Board, Arwal, for being dealt with in accordance with law. 3. It would be still relevant to state here that in Karpi P.S. Case No. 107 of 2004, dated 20.11.2014, from which the trial ar...

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Apr 25 2014 (HC)

Kiran Kumar @ Kiran Kumar Sinha Vs. the State of Bihar and Another

Court : Patna

Heard Smt. Rekha Prasad, learned counsel for the petitioner, Sri Pradeep Narayan Kunwar, learned A.P.P. as well as Sri Anjani Kumar Sinha, learned counsel, who has appeared on behalf of complainant /opposite party no. 2. The petitioner, who is husband of sister of complainant/ opposite party no. 2, has approached this court invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, with a prayer to quash an order dated 21.7.2006 passed by learned Sub Divisional Judicial Magistrate, Sasaram, in Complaint Case No. 810 of 2005 / Tr. No. 1449 of 2006. By the said order learned S.D.J.M. has taken cognizance of offences under Sections 498-A, 494 and 120B of the Indian Penal Code. Short fact of the case is that the opposite party no. 2 had filed a complaint, which was numbered as Complaint Case No. 810 of 2005 in the court of Chief Judicial Magistrate, Sasaram, Rohtas, disclosing therein that his sister was married with petitioner on 20.2.2002 and even at the time...

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Apr 25 2014 (HC)

ishwar Mahto @ Isho Mahto Vs. State of Bihar

Court : Patna

1. The solitary appellant was put on trial by the learned Additional Sessions Judge-VI, Begusarai after being indicted of committing offences under Sections 353 and 307 IPC in Sessions Trial No.175 of 1994 and by judgment of conviction dated 08.07.2002 was held guilty of committing the two offences. The appellant was heard under Section 235 Cr.P.C and was directed to pay a fine of Rs.1,000/- for being convicted under Section 353 IPC, else to suffer rigorous imprisonment for 15 days. As regards the conviction of the appellant under Section 307 IPC, he was directed to suffer rigorous imprisonment for two years. The sentences were directed to run concurrently. The appellant has come up before this Court through the present appeal to challenge the correctness and appropriateness of the judgment of conviction and the order of sentence passed against him. 2. The self statement of S.I. Shyama Kant Jha, who was the officer-in-charge of town police station, Begusarai on 29.06.1993 is the basis ...

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Apr 25 2014 (HC)

Pramod Singh Chandravanshi Vs. Som Prakash Singh

Court : Patna

Navaniti Pd Singh, J 1. By this election petition, the election petitioner has challenged the election of the sole respondent who has been declared elected as a Member of the 15th Bihar Legislative Assembly from 220 Obra General Assembly Constituency for which the last date for filing nomination paper was 03.11.2010. The date of scrutiny of nomination paper was 04.11.2010. The last date for withdrawal of candidature was 06.11.2010. The voting had taken place on 20.11.2010 and counting was done and results declared on 24.11.2010. 2. The election petitioner was the official candidate of Janta Dal (United). He had been elected from the said Constituency on earlier occasion as well. He lost to the sole respondent who was the independent candidate. 3. The solitary ground on which the election of sole respondent has been challenged is that the respondent was disqualified in terms of Article 191 (1) (a) of the Constitution of India as he was in Government employment when his nomination paper ...

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Apr 25 2014 (HC)

Shivji Sah Vs. the State of Bihar

Court : Patna

I.A. Ansari, J. 1. By the judgment, dated 29.07.2009, passed, in Sessions Trial No. 261 of 2003, by learned Additional Sessions Judge V, Rohtas at Sasaram, the appellant, Shivji Sah, stands convicted under Section 302 of the Indian Penal Code and also under Section 27 of the Arms Act, 1959. Following his conviction under Section 302 of the Indian Penal Code, the accused-appellant, Shivji Sah, has been sentenced to undergo imprisonment for life and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer simple imprisonment for six months. Consequent upon his conviction under Section 27 of the Arms Act, 1959, the accused-appellant, Shivji Sah, has been sentenced to undergo rigorous imprisonment for three years and pay fine of Rs. 1,000/- and, in default of payment of fine, suffer simple imprisonment for one month. The sentences have been directed to run concurrently. 2. The case of the prosecution may, in brief, be described thus: (i) Bharat Sah (since deceased) was brother of...

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Apr 24 2014 (HC)

Nand Kishore Raut and Others Vs. State of Bihar

Court : Patna

1. The present appeal arises out of judgment dated 05.07.2002 passed by the learned Presiding Officer, Fast Track Court No.IV, East Champaran at Motihari in Sessions Trial 285 of 1987 by which the appellants were acquitted of the charges under Sections 341, 235 and 307/34 of the IPC but were convicted of different offences. Appellants Sheo Balak Raut and Siyaram Raut were held guilty of committing offences under Sections 447 and 324 IPC and they were directed to suffer simple imprisonment for three months and two years respectively. Likewise, appellant Nand Kishore Raut was also convicted under Sections 447 and 323 IPC and was directed to suffer simple imprisonment for three years and six months respectively on the two counts. 2. It appears that the appellants and the informant were residing in the same Angan and it appears further from the evidence as also from the first information report that when the informant was feeding his animal at his Darwaja accused Radhe Shyam Raut who was a...

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Apr 24 2014 (HC)

Panchanand Tatma @ Panchu and Others Vs. the State of Bihar

Court : Patna

1. The two connected appeals arise out of judgment of conviction dated 25.6.2002 and order of sentence dated 28.6.2002 passed by F.T.C. “ II, Katihar in Sessions Case No. 3/2001 / 83/87 by which the four appellants of Cr. Appeal No. 497 of 2002 were held guilty of committing offences under Sections 147, 323 and 379 of the Indian Penal Code and each of them was directed to be released on execution of a bond of Rs. 2,000/- with two sureties of the like amount each so as to appear and receive sentence when called upon during the period of two years for keeping peace and being of good behaviour. As regards Panchanand Tatma @ Panchu, appellant in the other appeal, he was held guilty of committing offences under Sections 148, 323, 379 and 436 of the Indian Penal Code and was directed to suffer rigorous imprisonment for two years, one year, two years and five years respectively on the above four counts, with a further direction that the sentences imposed upon him was to run concurrently...

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