Rajasthan Court May 1979 Judgments
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Om Prakash Vs. the State of Rajasthan
Court: Rajasthan
Decided on: May-07-1979
Reported in: 1979WLN760
M.L. Shrimal, J.1. This application by the accused petitioner, Om Prakash, under Section 439, Criminal Procedure Code, 1973, for being released on bail is directed against the order, dated March 2, 1979, by learned Additional Sessions Judge, Dholpur, whereby he cancelled the bail granted to the accused-petitioner by learned Chief Judicial Magistrate, Shri R.R.P. Bhatnagar; vide his order, dated October 23, 1978.2. On August 18, 1978, 11 miscreants, including the petitioner, Om Prakash in pursuance to a criminal conspiracy, after having been armed with deadly weapons, raided the house of Shobha Ram (since deceased). Eight of the miscreants were clad in Khaki dresses and the remaining three were putting on ordinary clothes The prosecution case is that Om Prakash filed a shot towards Shobha Ram, as a result where of he met instantaneous death. The son of the de eased, Moolaram was also dragged out and was then, abducted by the culprits. On August 31, 1978. Om Prakash returned to the villa...
Mangla Vs. the State
Court: Rajasthan
Decided on: May-05-1979
Reported in: 1979WLN274
C.M. Lodha, C.J.1. These are two connected revision-petitions arising out of the same order dated September 16, 1976, passed by the Sessions Judge, Banswara. The short point involved in theje revision petitions is whether the personal bond and the surety bond in question are legally enforceable.2. It appears that on March 4, 1976, 14 bags of sugar recovered from the house of one Kundan Lal were entrusted to Mingla Superd dar as Mangla claimed that the sugar belonged to him and had been given to him for sale as be was a licence holder for sale of controlled sugar Since it was found that Mangla's licence had expired on February 12, 1976, the learned Magistrate called upon him to produce 14 bags of sugar and on having failed to do so, forfeited the personal bond for Rs. 8000/-.furnished by him. The learned Magistrate also ordered forfeiture of the surety bond furnished by Anant Lal in the sum of Rs 5000/, for production of 14 bags of sugar by Mangla. On failure of Manila to produce the su...
Dal Chand and ors. Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: May-05-1979
Reported in: 1979WLN266
C.M. Lodha, C.J.1. This revision petition by the accused is directed against the order dated February 5, 1979, by the Judicial Magistrate No. 3 Udaipur, by which the learned Magistrate over-ruled the preliminary objection raised by the accused under Section 197, CrPC that the Court had no jurisdiction to take cognizance of the offence without the previous sanction of the State Government.2. The relevant facts for appreciating the point of law canvassed before me may be stated within a narrow compass. Petitioner No. 1 is the Sarpanch of the Gram Panchayat, Gogunda Petitioners Nos. 2 to 5 are the panchas of the said Panchayat, petitioner No. 6 Roop Singh is a peon in the said Panchayat and petitioner No. 7 is the Gram Sewak of village Gogunda. Non-petitioner No. 2 Dal Chand son of Ratilal (who will hereinafter be referred to as the complainant) filed a complaint under Sections 448 and 427, IPC against the petitioners in the court of the Judicial Magistrate No. 3, Udaipur, on December 20,...
Bhagwana Vs. the State of Rajasthan
Court: Rajasthan
Decided on: May-04-1979
Reported in: 1979WLN270
C.M. Lodha, J.1. Petitioner Bhagwana was tried for an offence under Section 304A IPC for allegedly causing the death of Mst. Mangli by driving truck No. RJL 8384 rashly & negligently on Bagra Jalore road on July 26, 1972, at about 11 a.m. He denied that he was driving the vehicle in question and thus denied having committed the offence. The learned Judicial Magistrate, Jalore, by his judgment dated August 4, 1975, convicted the accused for the aforesaid offence and sentenced, him to one year's simple imprisonment. The accused filed appeal, which was dismissed by the Additional Sessions Judge, Jalore, on September 28, 1976. Hence, he has filed this revision-petition.2. The facts borne out on the record, and held to be proved by the courts below, are that it was the accused Bhagwana, who was driving the vehicle in question at the relevant time by which the death of Mangli was caused. It is clear from the evidence of the main witness in the case, Jamuna PW 3, who is the sister of the dece...
ChaIn Sukh Ranga Vs. the State of Rajasthan
Court: Rajasthan
Decided on: May-04-1979
Reported in: 1979WLN275
C.M. Lodha, C.J.1. Petitioner Chain Sukh Ranga was charged under Section 409, I.P.C. for committing criminal breach of trust in respect of 541.46 quintals of fodder entrusted to him as Village Level Worker (Gram Sewak) of villge Sangar. The Chief Judicial Magistrate, Jaisalmer, found the charge to be proved and, by his judgment dated February 27, 1975, convicted the accused under Section 409, IPC. and sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs. 1000/-, in default of payment of fine to undergo further simple imprisonment for three months., Aggrieved by the judgment of the trial court, the accused filed an appeal, which was allowed in part by the Additional Sessions Judge No. 2, Jodhpur, in as much as even though the conviction under Section 409, IPC. was maintained, the substantive sentence was reduced to six months, simple imprisonment and the sentence of fine was kept in tact. Hence the accused has filed this revision-petition.2. The learned Addi...
YasIn Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-02-1979
Reported in: 1979WLN369
C.M. Lodha, C.J.1. This revision petition has been preferred by the convict Yasin from the judgment of the Additional Sessions Judge, Dungrapur, dated August 12, 1976, whereby the learned Judge upheld the conviction of the accused under Section 279 and 304A I.P.C. and sentence of 2 months and 6 months respectively there under recorded by the Judicial Magistrate Dungrapur.2. Briefly stated, the facts of the case are that on March 17, 1973, at about 6 P.M. Subhas Chandra deceased and his friend Vishram P.W. 2 were proceeding on a motor cycle from Udaipur to Idar on national highway No. 8. Subhashchandra was driving the motor cycle whereas Vishram was riding on the pillion. At Vichhiwara-Ratanpur section of the road, where there is a turn, the motor cycle struck against the foot-board of truck GTD 5612 which was corning from the opposite direction and was being driven by the accused-petitioner. The prosecution version is that truck was coming at a high speed and turned more towards the ri...
Roop Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: May-01-1979
Reported in: 1979WLN324
K.D. Sharma, J.1. This is an appeal filed by Roopsingh against the judgment of the learned Sessions Judge, Balotra dated 23-9-74 by which, the appellant was convicted under Section 302, IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 100/-, in default of payment of fine, to further suffer rigorous imprisonment for one month.2. The prosecution case against the appellant was as follows: Roop Singh appellants is grazing his she-goast neasr the boundary wall of his field on 30-5-1973 at about 5.30 p.m. On the boundary wall of his field, there was a tree of Arana. When the appellant was trying to cut branches of this tree, Bhuribai deceased came there having an iron pan in her hand On seeing the appellant cutting the branches of Arana tree, she asked the former why he was cutting the branches of a tree which was standing in her field. The appellant replied that the tree was standing in his field and so he was cutting its branches. There upon, Mst. Bhuribai deceas...
Laxmi Narayan Vs. Gopilal and ors.
Court: Rajasthan
Decided on: May-01-1979
Reported in: 1979WLN(UC)155
M.L. Joshi, J.1. The plaintiff appellant Laxminarain filed a suit on behalf of the Maheshwari Samaj, Kuchaman, in the representative capacity under Order 1 Rule 8 CPC for possession of a Chabutra measuring 19 feet north-south and 8 feet east-west on the allegation that the defendant-respondents had taken Illegal possession of the Chabutra on 18.11.1962 by raising walls on the eastern ends of the Chabutra. According to the plaint allegation, the disputed Chabutra was situated on the south west corner of the house belonging to the Maheshwari Samaj and was purchased from one Chandra Paharia and they were in possession of the Chabutra as owner since years.2. The defendants Nos. 1 and 2 in their written statement denied the ownership of the Maheshwari Samaj in respect of the disputed land alleged to have been occupied by Chabutra and also the ownership of the house-cum-nohra. They pleaded that the land in question is their duly purchased property and their possession is authorised and old o...
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