Rajasthan Court September 1987 Judgments
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Moti Singh Alias Moti Lal and ors. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Sep-15-1987
Reported in: 1988(1)WLN179
N.C. Sharma, J.1. This order will decide two Criminal Miscellaneous Petitions Nos. 97 and 102 of 1986 under Section 482 C. PC because they arise from the same order of the Additional Chief Judicial Magistrate, Bali dated March 10, 1986, whereby the said Magistrate took cognizance for offences under Section 302, 147, 148, read with Section 149, IPC, in connection with the alleged murder of Hajari Singh deceased.2. Facts in brief are that on January 8, 1970, Bhopal Singh non-petitioner No. 2 lodged a FIR at P.S., Bali at 4.45 p.m. alleging that on the date of the incident, he along with his brother Prabhu Singh and his guest Hajari Singh and some other persons mentioned there in were sitting in front of his house at about 10 or 11 a.m. At that time 10 petitioners in the above mentioned two miscellaneous petitions and one Hari Singh (since dead) came on the spot armed with swords and lathies with intention to murder Bhopal Singh and his brother Prabhu Singh. Apprehending the trouble, Haja...
Chetan Kumar and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-15-1987
Reported in: 1988(1)WLN231
M.C. Jain, J.1. In this writ petition the petitioners seek to challenge the order of the Government Ex. P/3 dated September 3, 1986 whereby the Government accepted the appeal of the respondent Santosh Kumar and set aside the order of the Joint Registrar dated February 12, 1986 (Ex. P/2 and remanded the matter to the Joint Registrar with a direction to dispose of the matter after giving an opportunity to all the aggrieved persons in accordance with law.2. Counsel for the petitioner submitted that the respondent Santosh Kumar has incurred disqualification on account of non-payment of dues to the Co-operative Society mentioned in the order of Joint Registrar (Ex. P/2) and along with him seven other members were also disqualified, the names of whom are mentioned by the Joint Registrar in the said order. Considering them to be disqualified, the learned Joint Registrar proceeded to pass the order under Section 36 dissolving the Board of Directors of Sojat Kriya Vikriya Sahakari Samiti Ltd. T...
Manohar Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-15-1987
Reported in: 1987WLN(UC)511
Shyam Sunder Byas, J.1. The appeal is directed against the judgment of the learned Sessions Judge, Udaipur dated February 19, 1977 by which appellant Manohar Singh was convicted under Section 302 IPC and sentenced to imprisonment for life.2. Briefly stated, the prosecution case is that Laxman Singh PW 5 appeared at Police Station Mavli, District Udaipur at about 7.00 a.m. on 29-6-1974 and presented written report Ex.P. 13. It was stated therein that in the preceding night, his brother Mohabbat Singh was sleeping on a cot in his house. Some unknown persons intruded into the house and caused the murder of Mohabbat Singh by inflicting blows with a sharp edged weapon like sword or axe. The police registered a case and proceeded with the investigation. Head Constable (Police) Jayanti Lal PW 11 arrived on the spot, inspected the site and prepared the site plan. He also prepared the inquest report of the dead body of Mohabbat Singh. The blood-stained clothes of the deceased were seized and se...
Himmata and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-15-1987
Reported in: 1987WLN(UC)523
Shyam Sunder Byas, J.1. Since all these three appeals are directed against one and the same judgment of the learned Additional Sessions Judge, Jalore dated January 15, 1977, they were heard together and are disposed of by a common judgment. By the judgment aforesaid, the four appellants were convicted and sentenced as under:S.No. Name of Accused Offence Under Section Sentence awarded(1) Himmata Ram 302, IPC Imprisonment forLife;325/34, IPC Rigorous imprisonmentfor two years with afine of Rs. 300;323/34, IPC Rigorous imprisonmentfor one year;(2) Each of accused:(a) Smt. Jhumki 302/34, IPC Imprisonment for life;(b) Smt. Sharki(c) Deyram Das 325/34, IPC Rigorous imprisonmentfor two years with afine of Rs. 300/-;323/34, IPC Rigorous imprisonmentfor one year.2. The sentences were directed to run concurrently.3. Put briefly, the prosecution case is that Aaraji Khasra No. 157, known as Dhoom Badiya comprising an area approximately of forty Bighas, is situate in Mauja Saleri, Patwar Circle Ban...
Renuka Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-15-1987
Reported in: 1987WLN(UC)716
1. It is a publice interest litigation arising out of a letter addressed to the Hon 'ble Chief Justice by, certain, applicants, representing certain women, organisations It relates, to an incident which, took place on 4th Septernper, 1987 in village, Deorala in Distract Sikar, in which one Smt. Roop Kanwar committed Sati with the dead body of her husband. In this writ petitioq, it has been stated that that said incident of Sati was in clear contravention of the law and further that on 16th September, 1987, certain public ceremonies in relation to the deceased lady are being performed and that the State Government is completely inactive in that regard.2. We have heard Miss Sunita Satyarthi, Advocate, and who is also one of the signatories to this petition, in support of the petition. The learned Advocate General was present in the Court and he has informed us that a criminal case Has been registered in relation to this idcident and certain arrests have been made. He also informed us tha...
Jabbar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-14-1987
Reported in: 1987WLN(UC)599
Vinod Shanker Dave, J.1. This is an application for grant of bail moved under Section 439 Cr. PC. A similar application has been rejected by Addl. Sessions Judge, Gangapur City by his order, dated August 24, 1987, without entering into the merits of the case holding that he has no jurisdiction to hear the case. The reasoning assigned by him in the order is that this case arises from Tehsil Hindaun which area falls within the jurisdiction of Dacoits Affected Area and since Special Courts for such areas have been created under Section 6 of the Rajasthan Dacoits Affected Areas Act, 1986 (here in after referred to as 'the Act') hence he has no jurisdiction to hear the matter.2. Learned counsel for the petitioner submits that though the order of the learned Addl. Sessions Judge is not a detailed order but it appears that he look this view as the offence under Section 307 IPC has been included in the Schedule appended to the Act and offences enumerated in the Schedule are defined as Schedule...
Banshi Dhar Vs. Chandra Kala
Court: Rajasthan
Decided on: Sep-14-1987
Reported in: 1987WLN(UC)469
Milap Chandra, J.1. This is a special appeal under Section 18, Rajasthan High Court Orninance, 1949 against the order of the learned Single Judge dated August 27, 1987 by which he dimissed the miscellaneous appeal filed by the appellant against the order of the learned District Judge, Jodhpur dated 23-11-1985 allowing the application of the respondent Chandrakala filed under O. 9, Rule 13, CPC for setting aside the ex-parte decree of divorce passed against her. The facts of the case giving rise to this special appeal may be summarised thus.2. Appellant Banshidhar filed a petition under Section 13, Hindu Marriage Act for divorce against his wife Chandrakala. He obtained an ex-parte decree on 18-7-1981. On 16-11-1981, she filed an application under O. 9, Rule 13, CPC. It was dismissed by the learned District Judge. On appeal, this Court held that Chandrakala was not duly served with the notice and remanded the case for deciding whether the application filed under O. 9, Rule 13, CPC was w...
Umrao Mal and ors. Vs. Smt. Panchi Devi and ors.
Court: Rajasthan
Decided on: Sep-14-1987
Reported in: 1987WLN(UC)726
1. I have heard the learned counsel for the parties. The order dated July 11, 1980 of the learned Additional District and Sessions Judge No. 1, Jaipur City cannot be sustained.2. One Gopal Lal since dead and now represented by the non-petitioners Nos. 1 to 9 had filed a suit for mesne profits amounting to Rs. 14.400/-against Phool Chand and Rajmal on May 30, 1967. Gopal Lal plaintiff died during the pendency of the suit and his heirs were brought on record as plaintiffs and proforma defendants. In the case 17th and 18th Feb., 1977 were fixed for recording the evidence of the plaintiffs and their witnesses. On that date neither the plaintiffs nor their witnesses were present and the case was adjourned to February 18, 1977, the next date already fixed. On that date also neither the plaintiffs nor their witnesses were present and awaiting till 12.30 p.m. the Court dismissed the suit in default.3. An application for restoration of the suit was filed on behalf of the plaintiff for restoring...
Gulab Vs. Anand and anr.
Court: Rajasthan
Decided on: Sep-14-1987
Reported in: 1987WLN(UC)498
Milap Chandra, J.1. This is an appeal against the judgment of the Additional Sessions Judge, Sirohi dated 19-7-1976 by which he allowed the appeal of the accused-respondent and acquitted him of the offence punishable under Section 447, IPC. The facts of the case giving rise to this appeal may be summarised thus.2. On 31-10-1969, the complainant Gulab filed a complaint under Sections 447, 448, 454 and 380, IPC against the accused-respondent Anand Singh in the Court of Munsif-cum-Judicial Magistrate, Bali to the effect, in short, the accused Anand Singh demolished his 'Dhalia' and removed his articles from his disputed plot and on 24th August, 1969, the accused asked him to file a complaint against him when he protested against it. After preliminary enquiry, the learned Magistrate framed charges under Sections 379 and 447, IPC against the accused. After full trial, he acquitted him under Section 379, IPC and convicted under Section 447, IPC. On appeal, the learned Additional Sessions Jud...
Kheta Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-14-1987
Reported in: 1987WLN(UC)534
Milap Chandra, J.1. This is an appeal against the judgment of the learned Sessions Judge, Banswara dated 26-7-1982 by which he convicted the accused-appellant under Section 302, IPC and sentenced him to life imprisonment. The facts of the case giving rise to this appeal may be summarised thus.2. On 25-1-1982, at 11.00 a.m. Veeka PW 1 lodged FIR Ex. P 1 in the police station, Kalinjara (Banswara) to the effect that during the last night at about 11.00 p.m. he along with others had gone to the house of Luna Bhil. There the cries were heard coming from the house of the deceased Hakji. Immediately, he along with Deva, Jagji, Ranji came to Hakji's house and saw him lying on the cot seriously injured. He was not able to speak anything. Dhulji PW 2 told them that the accused Kheta had gone away after causing injuries to Hakji by his Kulhari. Hakji has died before the sun rise and Dhulji has sent him for lodging this report. There on, usual investigation was commenced. The accused was arrested...
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