Rajasthan Court October 1987 Judgments
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State of Rajasthan Vs. Heera Lal
Court: Rajasthan
Decided on: Oct-13-1987
Reported in: 1988(1)WLN11
S. S. Byas, J.1. The State has come up in the appeal against the judgment of the learned Sessions Judge, Pali dated May 2, 1977 by which accused-respondent Heera Lal was acquitted of the offence under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (here in after referred to as 'the Act'). The accused was initially convicted under the aforesaid sections by the learned Chief Judicial Magistrate, Pali by his judgment dated September 9, 1975 and sentenced to six months' rigorous imprisonment with a fine of Rs. 1,000/, in default of the payment of fine to further undergo three months' simple imprisonment.2. Briefly stated the prosecution case is that the Food Inspector Shanti Prasad Vyas visited the shop of the accused situated in village Rohat on 11th December, 1969. He found the accused selling food articles. The Food Inspector suspected the chillies powder to be adulterated. He disclosed his identity and purchased 750 grams of chillies powder from the accused by making a p...
Mst. Bashiran Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-13-1987
Reported in: 1988(1)WLN539
I S. Israni, J.1. This bail application under Section 438, Cr.PC has been filed against the order dated 29-8-1987 passed by the learned Sessions Judge in FIR No. 70/87 registered at Police Station Madanganj, Ajmer for offence under Section 304 IPC.2. A report was lodged by one Khaju on 18-5-1987 at 630 nm regarding the death of his married daughter Mariyam, who died on 15-5-1987 In this report, it is alleged that in the beginning the relations between the deceased and her husband were cordial but after some time her husband and other members of the family started making demands fore more dowry from her and parents. It has been further stated in the report that he came to know at about 4/5 p m. on 15-5-1987 that his daughter was in hospital where he went and saw that she had died and her tongue and eyes were struck out and there were no signs of burning on her body, This report as stated was lodged on 18-5-1987, 3 days after the incident took place.8. The contention of learned Counsel S...
Prem Agencies Vs. Commissioner of Income-tax
Court: Rajasthan
Decided on: Oct-12-1987
Reported in: (1988)67CTR(Raj)11; [1988]173ITR110(Raj)
1. This reference at the instance of the assessee is under Section 256(1) of the Income-tax Act, 1961, for decision on the following question of law :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in giving a finding on the merits of the case, when the Appellate Assistant Commissioner did not apply his mind and did not give any finding on the merits of the case ?'2. The relevant assessment year is 1972-73. The Income-tax Officer rejected the application for registration of the firm coming to the conclusion that no genuine firm has come into existence. The assessee appealed to the Appellate Assistant Commissioner. The Appellate Assistant Commissioner took the view that some further enquiry into facts was necessary without which the question of genuineness of the firm could not be decided. Accordingly, the Appellate Assistant Commissioner did not decide the matter on merits and remanded the case to the Income-tax Officer for making a further enqui...
Commissioner of Income-tax Vs. Poonam Chand Manmal Trust
Court: Rajasthan
Decided on: Oct-12-1987
Reported in: [1988]171ITR153(Raj)
Bhargava, J.1. This is an application under Section 256(2) of the Income-tax Act, 1961.2. Against the assessment order of the Income-tax Officer, Trust Circle, Jaipur, dated February 5, 1980 (annexure-A), relating to the assessment year 1977-78, the assessee preferred an appeal before the Appellate Assistant Commissioner of Income-tax, A-Range, Jaipur, which was allowed by order dated June 17, 1980 (annexure-B). Feeling aggrieved by the said order, the Revenue preferred an appeal before the Income-tax Appellate Tribunal, Amritsar Bench, Camp at Jaipur, which was dismissed by order dated October 24, 1980 (annxure C). Thereafter, the Revenue preferred an application under Section 256(1) of the Income-tax Act, 1961, for making a reference to this conrt. The Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, by its order dated May 27, 1981 (annexure-D), was of the opinion that the following questions of law do arise :' 1. Whether, on the facts and in the circumstances of the case, the Tr...
State of Rajasthan Vs. Ravindra Nath
Court: Rajasthan
Decided on: Oct-12-1987
Reported in: 1988WLN(UC)95
S.S. Byas, J.1. The State has come-up in appeal for enhancement of the sentence awarded to the accused-respondent Ravindra Nath.2. Accused was convicted under Sections 409, 468 and 471 IPC and was sentenced to ten days' simple imprisonment on each count with the fine of Rs. 50/- on the first and the fine of Rs. 25/- on the second and third counts.3. It was argued by the learned Public Prosecutor that the sentence awarded to the accused is grossly inadequate. It was on, the other hand, contended by the learned Counsel for the accused-petitioner that the total amount involved was only Rs. 83.26p. which was deposited by the accused. It was further submitted that the offence was committed long back in October 1973 and judgment was rendered by the learned Munsif and Judicial Magistrate in March, 1977. The appeal is being heard and disposed of in 1987. It was argued that looking to this long lapse often years in between the conviction and disposal of the appeal, it would not be proper to enh...
State of Rajasthan Vs. Dhonkal
Court: Rajasthan
Decided on: Oct-09-1987
Reported in: 1988WLN(UC)96
Sobhag Mal Jain, J.1. The appellant was tried for the offence under Section 9 of the Opium Act for being in possession of 60 gms. opium on January 25, 1976. The Judicial Magistrate, Jodhpur after trial acquitted him on the ground that the prosecution failed to establish that the sample which was taken from possession of the accused was opium. This appeal is directed against the judgment of the Judicial Magistrate acquitting the accused.2. I have heard learned Public Prosecutor. The evidence of Pepsingh who deposed that he took the sample to the Chemical Examiner in a sealed condition is discrepant, in as much as, while Pepsingh states that he delivered the sample to the chemical examiner in a sealed condition on May 8, 1976, the report of the chemical examiner shows that the sample was received in his office on February 25, 1976. Obviously, therefore, the evidence of Pep Singh cannot be accepted. There is no other evidence on record to show that the sample which was examined by the che...
Kalyan Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-09-1987
Reported in: 1988(1)WLN592
G.K. Sharma, J.1. Both these appeals have been preferred against the judgment of Sessions Judge, Jhalawar, dated 8th July, 1986 convicting the accused-appellant under Sections 302, 326 & 449, IPC. and sentencing him to imprisonment for life and a fine of Rs. 50/-, and in default of payment of fine to further undergo one month's rigorous imprisonment, for offence under Section 302, IPC to 7 years' rigorous imprisonment and a fine of Rs. 50/-; and in default of payment of fine, to further undergo one month's rigorous imprisonment, for offence lender Section 326, IPC; and to 7 years' rigorous imprisonment and a fine of Rs. 50/-, and in default of payment of fine, to further undergo one month's rigorous imprisonment, for offence under Section 449, IPC. All the sentences of imprisonment awarded to the accused-appellant, were, however, ordered by the learned Sessions Judge, to run concurrently.2. Appellant Kalyan Singh has filed D.B. Cr. Jail Appeal No. 322/86, through the jail authorities, ...
State of Rajasthan Vs. Narsing Lal
Court: Rajasthan
Decided on: Oct-09-1987
Reported in: 1987WLN(UC)557
Milap Chandra, J.1. This appeal has been preferred against the judgment of Sri Sankatha Rai, Additional Sessions Judge Sirohi dated 17-3-1976 by which he acquitted the accused-respondent Narsing Lal under Sections 307 324 and 323, IPC. The facts of the case giving rise to this appeal may be summarised thus.2. In the morning of April 3, 1975, Lal Singh PW 2 went to the well of the accused to take bath along with his brother-in-law Sohan Singh. There was long standing enmity between the families of the accused and Lal Singh PW 2. The accused hurled abuses and forcibly turned out Lal Singh therefrom. On return from the well, he narrated the story of his insult to other members of his family. At about 7.30 p.m. the same day, when he was returning from his well to his house, Kesar Singh PW 10, uncle of Lal Singh PW 2 enquired from the accused for his said conduct. The accused stopped his bullock cart and started belabouring Kesar Singh PW 10 from the 'Jatru' of his cart. He ran his bullock ...
State of Rajasthan Vs. Nathu
Court: Rajasthan
Decided on: Oct-08-1987
Reported in: 1988WLN(UC)73
S.S Byas, J.1. This is a State's appeal against the judgment of the learned Sessions Judge, Partabgarh dated March 19, 1976, whereby the accused Nathu was acquitted of the offences under Section 302 and325 IPC. The State challenges the acquittal2. Briefly stated, the prosecution case is that PW 1 Gotu and the accused Nathu are the sons of PW Pyara while PW 5 Smt. Nanduri is his wife. Pyara had one more son Vaina. PW 4 Smt. Shawli is the widow of Vaina. Pyara effected partition among his three sons Vaina, Gotu and the accused Nathu nearly ten years before the incident. Gotu and Vaina were living in a separate Gawari while the accused was living in another Gawari Pyara and his wife lived in that Gawari in which the accused lived Pyara has a daughter Tulchha by name.3. Vaina is the deceased victim in the case. In the morning on August 1, 1975, PW 4 Smt. Shawli went to the house of Pyara to make inquires about the ailment of Tulchha. The wife of the accused did not allow her to come inside...
Tola Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-06-1987
Reported in: 1988WLN(UC)76
S.S. Byas, J.1. By his judgment dated January 31, 1977, the learned Additional Sessions Judge, (1) Jodhpur convicted the accused Tola Ram under Section 302, IPC and sentenced him to imprisonment for life. The accused has come-up in appeal and challenges his conviction.2. The prosecution case is short and simple and may be summarised as under: Haridas Saad, aged about 40-45 years, was a Police Constable and was living with his wife Smt. Mohini Devi (PW 5) in his house situate in Sharmikpura, Masooriya, Jodhpur. The accused also resides in the same locality. He indulged in rowdysim and used to pick-up quarrel with the residents off and on. Haridas used to reprimand the accused for his nefarious activities. This irked and annoyed the accused. At about 9 30 p.m. on 18th November, 1975. Haridas was going to his house on a bicycle. When he reached out-side the house of PW 2 Sultan Singh, situate a few wards away from his house, the accused came from the opposite side and asked Haridas to sto...
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