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Rajasthan Court January 1987 Judgments

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Jan 12 1987

Ram Chandra and ors. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Jan-12-1987

Reported in: 1987(1)WLN148

1. This is an appeal against the conviction and sentences passed by Additional Sessions Judge, Sikar convicting the accused appellants Ramchandra and Phoolaram alias Phoolchand under Section 302 I.P.C. for life imprisonment and a fine of Rs. 500/-in default of payment of fine, three months simple imprisonment and accused Ramchandra and Deepa under Section 325 I.P.C. one year RI and a fine of Rs. 200/-, in default of payment of fine, one month's simple imprisonment.2. Accused persons and the complainant party are neighbours. According to the prosecution, Narain (PW 8) made a report at Police Station, Khandela on 4-2-1984 at 1 p.m. to the effect that at about 9 a.m. on that day, Sunda Ram was unloading his cart carrying stones in front of his house and suddenly, three accused appellants and five other co-accused persons etc. came out from their house and started beating Sundaram. Mst. Dakhli was at the Khali where the she buffalo was drinking water. She was given beating by Ramchandra an...


Jan 12 1987

Ganga Ram and anr. Vs. Prabhu Dayal and anr.

Court: Rajasthan

Decided on: Jan-12-1987

Reported in: 1987(1)WLN394

Navin Chandra Sharma, J.1. No doubt Smt. Narbada wife of Prabhu Dayal died as a result of severe shock due to burns all over body. According her husband Prabhudayal, Smt. Narbada herself committed suicide of which he had made a report to the police on September 6, 1979. However, in January, 1980 Banwarilal, brother of, deceased Smt. Narbada Devi, rnade an application to the Additional Inspector General of Police (CID) Jaipur stating there in that the police had dropped the proceedings holding that the case was that of suicide. Banwdrilal in his application stated that it was not a case of suicide but Prabhudayal had caused the death of Smt. Narbada Devi by beating him. There Was admittedly no eye witness to show that Prabhudayal had burnt his wife to death. On behalf of the petitioners much reliance is placed on the police statements of Kaluram, Sitaram, and Mool Singh. It is worthy to be mentioned that Kaluram's statement was recorded by the Police on April 13, 1980 i.e. about 7 month...


Jan 12 1987

Keva and ors. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Jan-12-1987

Reported in: 1987(1)WLN646

Milap Chand Jain, J.1. On the request of the counsel for the parties, the revision itself is heard.2. Counsel for the petitioners has submitted that the parties entered into compromise but in view of the nature of the offence, permission was not accorded. He submitted that the petitioners have remained in custody for a period of three months and 25 days. The maximum sentence of one year's rigorous imprisonment and a fine of Rs. 500/- has been awarded to Hakma under Section 326 [PC and in default of payment of fine he was further awarded 3 months rigorous imprisonment and under Section 325/149 I.P.C. four months rigorous imprisonment and to pay a fine of Rs. 300/- in default of payment of fine to further undergo one month's rigorous imprisonment under Section 148 I.P.C. two months RI and to pay a fine of Rs. 200/-in default of payment of fine to further undergo 15 day's RI. Rest of accused persons have been convicted and sentenced under Section 147 to one month's RI, in default of payme...


Jan 12 1987

Vijai Shankar and ors. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Jan-12-1987

Reported in: 1987(1)WLN665

Inder Sen Israni, J.1. This is a criminal appeal under Section 374 Cr. P.C. against the judgment dated 22-7-78, passed by the learned Addl. Sessions judge, Baran, in sessions case No. 57/77, convicting and sentencing the accused appellants under Section 307/34 I.P.C., as under:(1) Vijai Shanker: 3 years R.I. and a fine of Rs. 100/-, indefault of payment of fine, to undergofurther R.I. for 2 months;(2) Jodhraj; 2 Years'R.I. and a fine of Rs. 100/-, indefault of payment of fine, to undergofurther R.I. for a period of two months;(3) Hanshraj: Imprisonment till rising of the court anda fine of Rs. 50/-, in default of paymentof fine, to undergo simple imprisonmentfor a period of one month.2. The allegation against the appellant is that on 31-1-77 at about 10.00 a.m., in village Bahadurganj all the accused appellants conspired and gave beating with lathes to Nand Singh. An FIR regarding the incident was lodged on the same day at 3.45 p.m. by Ram Singh at Police Station, Atru. According to th...


Jan 12 1987

KamruddIn Vs. State of Rajasthan

Court: Rajasthan

Decided on: Jan-12-1987

Reported in: 1987WLN(UC)355

Navin Charndra Sharma, J.1. This revision petition filed by the petitioner Kamruddin, is directed against the judgment passed by the learnedAddl. Sessions Judge, Kishangarh Bas, dated 5th June, 1982, in Criminal Appeal No. 157/1981, confirming the conviction and sentence passed by the learned Munsif and Judicial Magistrate, Tijara, dated 15-10-1981, convicting the petitioner under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 and sentencing the accused petitioner to undergo rigorous imprisonment for 6 months and a fine of Rs. 500/- and default of payment of fine to further undergo two months rigorous imprisonment.2. Brief facts leading to this revision petition are that on 1st Nov., 1976, when the accused petitioner was going on a bicycle with a cane containing milk Shri Sukhpal Sharma, PW 1, who was Food Inspector of the local area comprised in Tijara, Municipality, checked the milk of the petitioner. He suspected that the milk was adulterated and the...


Jan 09 1987

Employees' State Insurance Corporation Vs. M.P. Roongta and Ors.

Court: Rajasthan

Decided on: Jan-09-1987

Reported in: (1995)IIILLJ598Raj; 1987(1)WLN670

Inder Sen Israni, J.1. This is S.B. Criminal Leave to Appeal under Section 378, Cr. P.C. against the judgment dated 27-6-86 passed by the learned Chief Judicial Magistrate,Jaipur in Criminal Case No.24/75, whereby the accused non-petitioners were acquitted from the offence under Section 85(a) & (b) of the Employees, State Insurance Act, 1948 (hereinafter called as 'the Act').2. Briefly the facts of this case are that the Employees' State Insurance Corporation filed a complaint against the accused non-petitioners and Shri B.S. Rathore, Manager, Man Industrial Corporation (P) Ltd., alleging that it is a factory as defined under Subsection (12) of Section 2 of the Act. The non-petitioner Nos. 1 and 2 of the case are the Chairman and Managing Director, respectively, and B.S. Rathore is Manager of the said Corporation. It is contended that they are principal employers of the aforesaid factory as defined in Sub-section (17) of Section 2 of the Act. Therefore, under Section 40 of the Act read...


Jan 09 1987

Motilal Chunnilal Vs. Commissioner of Income-tax

Court: Rajasthan

Decided on: Jan-09-1987

Reported in: 1987(2)WLN126

Dwarka Prasad, J.1. This is a reference by the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, by which the following questions of law were referred to this court for its opinion :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the firm was not valid and that the object of the agreement was of such a nature that, if permitted, it would defeat the public policy as contained in the provisions of the Rajasthan Excise Act, 1950 ? 2, If the answer to the above is in the affirmative, whether the Tribunal was justified in holding that the firm was not valid and, therefore, not entitled to registration under Section 185 of the Income-tax Act, 1961 ?' 2. The Government of Rajasthan granted a licence for the retail sale of country liquor during the year 1966-67 at Bhilwara including the shops situated at Bhupalganj, Gulmandi and Dhanmandi, in the joint names of Motilal, Chunnilal and Bhanwarlal, son of Motilal. It appears that with a vi...


Jan 09 1987

Jaichand Lal Kishori Lal Vs. Banshi Dhar Jeewan Ram

Court: Rajasthan

Decided on: Jan-09-1987

Reported in: 1987(1)WLN591

Sobhag Mal Jain, J.1. This appeal is directed against the judgment dated the 5th April 1976 of the Additional District Judge, Churu dismissing the plaintiff's appeal against the judgment and decree of Munsif, Rajgarh dated August 21, 1974 decreeing the plaintiff's suit for Rs. 489.70p.2. The plaintiff firm Banshidhar Jeewan Ram by a telegram asked the defendant to supply two wagons of Moong. In response the defendant firm despatched two wagons of moong through railway. The railway receipt was sent to the plaintiff firm along with an invoice of the consignment. The plaintiff firm made the payment and took delivery of the wagons, but got the goods weighed, which revealed a shortage of 255 kgms. of the value of Rs. 290.70p. The plaintiff also objected to the commission charge amounting to Rs. 199/-. When their claim was not met by the defendant a civil suit was filed in the court of Munsif, Rajgarh. The suit was contested by the defendant. According to the defendant the net weight of each...


Jan 09 1987

Rama Ballabh and anr. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Jan-09-1987

Reported in: 1987(1)WLN161

Navin Chandra Sharma, J.1. This is a revision by Rama Ballabh and Chiranjilal against the order dated August 5, 1981 passed by the Sessions Judge, Jhalawar in Criminal Appeal No. 123 of 1977 of his Court. The petitioners in this revision have prayed that the order of conviction dated August 8, 1977 passed by the Chief Judicial Magistrate Jhalawar and maintained by the Sessions Judge, Jhalawar, by his order dated August 5, 1981 be set aside and the food-grains seized & confiscated to the State be ordered to be returned to the petitioners and in case the food-grains have already been sold, the value thereof may be ordered to be refunded to the petitioners.2. It is necessary to state briefly the facts leading to the filing of this revision. A criminal case under Section 3/7 of the Essential Commodities Act was filed in the court of the Chief Judicial Magistrate, Jhalawar and was registered as case No. 51 of 1976. It so happened that in an inspection of the establishment of M/s Shivkishan ...


Jan 09 1987

Kalu Ram and anr. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Jan-09-1987

Reported in: 1987(1)WLN438

Shyam Sunder Byas, J.1. Accused Kaluram and Dilip Kumar were convicted under Section 302/34, I.P.C. and each was sentenced to imprisonment for life with a fine of Rs. 2000/- in default of the payment of fine to further undergo two years rigorous imprisonment by the Additional Sessions Judge (2), Hanumangarh, vide his judgment dated September 23, 1981. They have come-up in appeal to challenge their conviction.2. Briefly stated, the prosecution case is that the deceased Harisingh resided in Tandurwali PS Tibi district Sri Ganganagar. The appellants are also residents of the same village. The relations between the deceased and the appellants were not happy. At about 5.30 p.m. on November 16, 1979 Harisingh and his brother-in-law Kartarsingh (PW 6) were returning from the deceased's field to his house in a carnal cart. When they happened to pass in the field of one Khurshid, the appellants accompanied with one Hanuman came from the opposite side, Kaluram told the deceased that the accounts...


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