Rajasthan Court December 1987 Judgments
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State of Rajasthan and anr. Vs. Shiv Dayal and ors.
Court: Rajasthan
Decided on: Dec-10-1987
Reported in: 1988(1)WLN224
M.C. Jain, J.1. This is an appeal against the judgment and decree dt. 27-10-1975 passed by the Additional District Judge, Udaipur whereby the plaintiff-respondents suit was decreed as under:The plaintiff suit is hereby decreed to this extent that it is hereby declared that the entry made of the registration of the disputed temple to be the public trust by the Assistant Registrar, and the confirmation order of that entry made by the Devasthan, Commissioner in the decision of its appeal dated 20-9-1967 that the entry of registration of the disputed temple be made as public trust is premature and cannot bind the plaintiff unless the enquiry on all Sub-clauses (i) to (viii) of Clause (1) of Section 18 is conducted by the Assistant Commissioner and finding on all the points is given by the said Assistant Commissioner under Section 19 of the Rajasthan Public Trust Act.2. A few material facts may be noticed. The plaintiffs filed the suit under Section 22 of the Rajasthan Public Trust Act, 195...
Sawai Singh Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-10-1987
Reported in: 1988(1)WLN649
P C. Jain, J.1. Petitioner condemned to death in this writ petition under Article 226 of the Constitution of India has prayed for issuance of a writ, order direction to quash the sentence of death passed by the learned Additional Sessions Judge, Gangapur City vide his judgment dated 1st March, 1983, in Sessions Case No. 36 of 1982, for an offence under Section 302, IPC (which was confirmed by this Court vide judgment dated 5th March, 1984) and in place of sentence of death to substitute the sentence of imprisonment for life, on the ground of inordinate delay in the execution of the death sentence by invoking Article 21 of the Constitution of India, placing reliance on Javed Ahmed v. State of Maharashtra : 1984CriLJ1909 .2. A few facts may briefly be stated. Petitioner Sawai Singh was prosecuted for the offences under Sections 302, 452, 325 and 201, IPC by the learned Additional Sessions Judge, Gangapur City in Sessions Case No. 36/1982 and after trial he was held guilty and convicted. ...
Muna Lal Vs. Mandal Dutt and ors.
Court: Rajasthan
Decided on: Dec-10-1987
Reported in: 2(1988)ACC16
A.K. Mathur, J.1. This is an appeal directed against the Judgment of the Member, Motor Accidents Claims Tribunal, Jodhpur dated 5-2-83 whereby the learned Member, Tribunal has decreed the compensation to the extent of Rs. 11,700/- with 6% interest.2. The brief facts giving rise to this appeal are that on 13-8-1972 in the evening a truck bearing No. RJQ 8139 was coming from Jaisalmer to Jodhpur. In this truck Ramesh aged 20 years was travelling, Mangal Singh was the driver of the truck. Munna Lal was sitting along with him. It is alleged that Mangal Singh driver of the truck drove the truck in 'a rash and negligent manner. As a result of which near Pokaran this truck got over turned and deceased Ramesh Chandra was crushed to death. The claimant of the deceased Ramash Chandra filed the present claim petition, and claimed a compensation in a sum of Rs. 60,000/-. The Tribunal after recording necessary evidence and hearing both the parties came to the conclusion that the truck was driven in...
Bhoop Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-09-1987
Reported in: 1988WLN(UC)44
M.C. Jain, J.1. Heard learned Counsel for the parties.2. Learned Counsel for the appellant does not challenge the conviction. He, however, urged that the sentence awarded has been severe.3. The appellant has been convicted under Section 307 IPC and has been sentenced to 7 years rigorous imprisonment and to a fine of Rs. 200/-. in default of payment of fine to undergo two months simple imprisonment. He has also been convicted for the offence under Section 450, IPC and has been sentenced to 5 years rigorous imprisonment and to a fine of Rs. 200/-, in default to undergo two months simple imprisonment. He has been further convicted under Section 27 of the Arms Act and has been sentenced to three years simple imprisonment and to a fine of Rs. 100/-, in default to undergo one month's simple imprisonment. All the substantive sentences have been ordered to run concurrently.4. It is a gun-shot case. The shot has been hit in the abdomen.5. Considering the facts, it would be proper to reduce the ...
Yogesh Prakash Mathur Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-09-1987
Reported in: 1988WLN(UC)92
N.M. Kasliwal, J.1. Heard learned Counsel for the petitioner and learned Public Prosecutor. No body appears on behalf of the non-petitioner No. 2 Shri Vinod Prakash Joshi. A perusal of the record shows that on the FIR lodged in this case the police after investigation had submitted a Final Report. The complainant had filed a protest petition and there after learned Magistrate accepted the Final Report by order dated 22-11-84. It appears that the successor Magistrate took cognizance in the case by order dated 30-11-85 and issued notices against the petitioner. In my view when the Final Report given by the Police had been accepted on 22-11-84 and at the time the protest petition filed by the complainant was also pending, the learned successor Magistrate was not right in taking cognizance in the case again.2. In the result this petition is allowed the order of the learned Judicial Magistrate No. l, Jaipur, District, Jaipur dated 30-11-85 is set-aside and the proceedings against the accuse...
Deena Lal and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-09-1987
Reported in: 1988(1)WLN6
M.B. Sharma, J.1. Three bail applications are being disposed of by this order, namely Deena Lal v. State of Rajasthan S.B. Cr Misc. Bail Appl. No. 3181/87, Kalyan Singh and Ors v. State of Rajasthan S.B. Cr. Misc. Bail Appl. No 3247/87 and Madan Singh v. State of Rajasthan S.B. Cr Misc Bail Appl. No. 2878. All the aforesaid three bail applications relate to FIR No. 108/87 which was lodged in relation to one Roop Kanwar having committed sati along with her deceased husband Mal singh The but was burnt alive by summer singh, father of deceased Mal Singh and other persons who were present at the house of Sumer Singh and other accused petitioners were said to have actually aided in the burning of Smt. Roop Kanwar.2. Smt. Roop Kanwar was married to Mal Singh only on January 17, 1987. Mal Singh all of a sudden all of a sudden had been taken ill and to have developed pain in the abdomen and he was admitted in Kalyan Hospital, Sikar on September 3, 1987 and died on September 4, 1987 in the morn...
Pushpendra Singh S/O Sumer Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-09-1987
Reported in: 1988(1)WLN32
part of the Division Bench as the order dated 21-10-1982 was given on the basis of the facts placed before the Bench. 1981 RRD 89 supports us in this inference. In the aforesaid context when the appeal has been disposed of in October, 1982 with definite directions to the subordinate Court there appears no justification in entertaining the present application under Section 151 CPC and to deprive the legal representatives of the appellant of their right to contest for their claim, if they as wish.The present application under Section 151 is hereby rejected Pronounced in open Court....
Madan Singh S/O Sumer Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-09-1987
Reported in: 1988(1)WLN551
Sharma, J.1. Three bail applications are being deposed of by this order, namely, Deena Lal v. State of Rajasthan S.B. Cr. Misc. Bail Application No. 3181/87, Kalyan Singh and Ors. v. State of Rajasthan S.B. Cr. Misc. Bail Application No. 3247/87 and Madan Singh v. State of Rajasthan S.B. Cr. Misc. Bail Application No. 2878/87. All the aforesaid three bail application relate to FIR No. 108/87 which was lodged in relation to one Roop Kanwar having committed Sati along with her husband, deceased Mal Singh. The case of the prosecution is that Smt. Roop Kanwar in fact did not commit Sati but was burnt alive by Sumer Singh father of deceased Mal Singh and other persons who were present at the house of Sumer Singh and other accused petitioners were said to have actually aided in the burning of Roop Kanwar.2. Smt. Roop Kanwar was married to Mal Singh only on January 17, 1987. Mal Singh all of sudden had been taken ill and said to have developed pain in the abdomen and he was admitted in the Ka...
Moti Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-07-1987
Reported in: 1988(1)WLN360
G.M. Lodha, Actg. C.J.1. On 20-10-87, the following order was passed by this court:No reply has been filed by the respondents. Heard.In the facts and circumstances of the case, it would be proper to pass an interim order for releasing Ratania on bail. He shall be released on bail on his furnishing a personal bond in the amount of Rs. 10,000/- together with two sureties each in the amount of Rs. 5000/- to the satisfaction of the learned Sessions Judge, Pratapgarh to put appearance in this Court whenever called upto to do so.Before Ratania is released on bail, he will be got medically examined by the head of the department, Psychiatory, S.M.S. Hospital, Jaipur or from a Medical Board to be constituted for that purpose by the Principal, S.M.S. Medical College, Jaipur. That certificate will be sent to this Court by the Superintendent, Central Jail, Jaipur.Put upon 13-11-1987.2. It is a case where the accused was acquitted on 22-9-1976 on the ground of insanity. The report of Superintendent...
Ram Chandra Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-07-1987
Reported in: 1988(1)WLN610
Farooq Hasan, J.1. This criminal misc. application under Section 412, Code of Criminal Procedure, 1973, (Cr.PC) has been filed with this prayer the the order dated October 5, 1987 passed by the Judicial Magistrate No. 9, Jaipur City, Jaipur, may be quashed.2. Brief facts giving rise to this misc. petition are that the petitioner Ramchandra, was convicted and sentenced to one year's rigorous imprisonment and to pay a fine of Rs. 500/- by the Munsif & Judicial Magistrate No. 9, Jaipur City, Jaipur, for the offence under the Rajasthan Excise Act; against which the petitioner filed appeal in the Court of the Additional Sessions Judge No. 2, Jaipur City Jaipur, who vide his judgment dated March 24, 1984 allowed the appeal giving the petitioner benefit of probation and, ordered that the petitioner be released on probation on his furnishing a surety of Rs. 3,000/- with personal bond in the like amount for keeping peace and good conduct for a period of one year. The petitioner was granted fift...
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