Rajasthan Court April 1986 Judgments
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Surendra Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-01-1986
Reported in: 1986WLN(UC)458
1. These two appeals are directed against the judgment of the learned Additional Sessions Judge No. 1, Kota, convicting the accused appellant and sentencing them as under: Surendra Singh Under Section 302 read with Section 149 IPC Gyan s/o Tikam Chand imprisonment for life and under Section 148 IPC, Gijju, Bhooriya and 2 years RI. Chander Girraj Ghoda Under Section 307 IPC 4 years R.I.2. According to the prosecution case, the occurrence took place at about 10.30 p.m. on 18-12-1978 when accused appellants and one co-accused Khairati came in the Hospital and committed murder of one Raju who was admitted in the hospital due to some injuries. These accused persons also injured Saboo (PW 4) who was attendant of his friend Raju. The police received information and reached at the Hospital and recorded the statement (Ex. P. 2) of Saboo (PW 4) on the basis of which a regular FIR (Ex.P 17) was registered at the Police Station Nayapura, Kota. The police registered a case under Section 302, 307, 1...
State of Rajasthan Vs. Maliva
Court: Rajasthan
Decided on: Apr-01-1986
Reported in: 1986WLN(UC)611
Kishore Singh Lodha, J.1. I have heard the learned Public Prosecutor.2. The learned Magistrate of course appears to be wrong when he says that no excisable article was recovered from the respondent but he was only found in possession of a Jerrycan containing about 49 bottles of illicit liquor and therefore, he can be held guilty only under Section 54(f) and not under Section 54(a) of the Excise Act. Section 54(f) makes the bottling of liquor for the purposes of sale, punishable. It is not case of bottling but is a case of possession of illicit liquor and therefore, the conviction should have been under Section 54(a) of the Excise Act. I am however, not in agreement with the learned Public Prosecutor that the offence under Section 54(a) is punishable with a minimum sentence of six months. All cases under Section 54(a) are not punishable, only specified cases namely that of possession of workable still or selling or possessing for sale any excisable article in contravention of the provis...
NaraIn Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-01-1986
Reported in: 1986WLN(UC)625
Kishore Singh Lodha, J.1. This matters arise out of the same proceedings and, therefore, they are being disposed of together. The bail application No. 4 25/86 has been moved on behalf of Jagdish and the other bail application No. 426/86 has been moved on behalf of four other co-accused Narainsingh, Manghilal, Jaising and Raghunathsingh.2. Initially after investigations of the case the police had put up a challan for offences under Sections 147, 148, 149, 323 and 325 IPC against the five accused persons. However the police even after the filing of the above challan continued investigations and later filed a further challan including the offence under Section 307 IPC also apart from the other offences for which the challan has already been filed.3. The accused persons apprehend that since now the challan under Section 307 IPC has been filed, the learned Magistrate may take cognizance of that offence and direct their arrest, although on the basis of the earlier challan they are already on...
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