Rajasthan Court September 1988 Judgments
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Bhojraj Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-08-1988
Reported in: 1989WLN(UC)319
Jasraj Chopra, J.1. This is appeal has been filed against the judgment of the learned Additional Sessions Judge, Barmer dated 28-4-1988 whereby the learned Additional Sessions Judge has held the accused-appellant Bhojraj Singh guilty of the Under Section 304 Part If, IPC and Section 447 IPC and has sentenced him to 10 years rigorous imprisonment and to pay a fine of Rs. 10,000/- and in default to undergo 2 years rigorous imprisonment on the first court and to one month's rigorous imprisonment together with a fine of Rs. 1,000/- and in default to undergo 15 days rigorous imprisonment on the second count. It was further ordered that in case, the fine is recovered, its 75%of the amount will be given to the wife and children of deceased Vasudeo.2. The facts necessary to be noticed for the disposal of this appeal briefly stated are: that PW 18 Chananmal, who is the real maternal uncle of deceased Vasudeo lodged a written report to SHO, Police Station, Girab on 17-8-1987, which has marked Ex...
Abdul Rashid Vs. Municipal Board Chaksu and Collector
Court: Rajasthan
Decided on: Sep-08-1988
Reported in: 1988(2)WLN629
Farooq Hasan, J.1. A thumb-nail sketch of the primary facts will help resolve the controversy which has arisen in this second appeal.2. An abadi land situated in village Chaksu (District Jaipur) measuring 150 ft. x 25 ft. as described by letters A.B.C & D in the map annexed to the plaint, was auctioned by the Municipal Board, Chaksu (defendant-respondent) for a sum of Rs. 545, the highest bid put by the appellant & accepted by the respondent-Board-Whereupon 1/4th of the said bid amount was deposited by the appellant on June 20, 1968 and the rest, on March 19, 1969, and its possession was delivered by the Board to the appellant. How ever, since no heed to the request of the plaintiff-appellant to execute a 'patta' was paid by the respondent Board, the appellant had submitted an application along with a plan of proposed constructions on March 13, 1973, that too, in vain, and then the appellant served a notice Under Section 170(8) of the Raj. Municipalities Act, 1959, in addition to the n...
Sharvan Kumar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-08-1988
Reported in: 1988WLN(UC)126
Mohini Kapoor, J.1. Heard learned Counsel for the petitioner. Learned Public Prosecutor submits that the investigation in this case is over and report of the Chemical Examiner is awaited considering the circumstances, that there are no injuries on the body of the prosecutrix as well as the accused and also the age of the prosecutrix is 25 years according to her and 40 years according to the petitioner, the petitioner can be released on bail.2. It is, therefore, directed that the accused-petitioner Sharvan Kumar be released on bail provided he furnishes a personal bond in the sum of Rs. 5,000/- (Rupees five thousand) with one surety in the like amount to the satisfaction of the trial court with the stipulation to appear in that Court as and when called upon to do so during the pendency of the trial against him in this case....
Vijendra Kumar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-08-1988
Reported in: 1988WLN(UC)128
Mohini Kapoor, J.1. Initially, a case against the accused petitioner was registered under Sections 323, 324 and 447 IPC. All these offences were bailable and he was released on bail by the police under Section 436 Cr.PC Subsequently, offence under Section 307 IPC was added and the petitioner having apprehension that he would be arrested, moved for grant of anticipatory bail before the learned Sessions Judge, Alwar and his bail application has been rejected.2. Very recently, I have held in S.B. Cr. Misc. Bail Application No. 1902/88, Gheesa Lal and Ors. v. The State of Rajasthan, and it has been earlier held in 1987 RCC 347, Moti Lal and Ors. v. The State of Rajasthan, that once an accused is released on bail in a particular case, then he connot be arrested merely because another offence has been added to the of the offences, which was graver than what was found earlier. A bail once granted can be cancelled under Sections 439(2) and 437(5) Cr.PC. In other words, the police has no Author...
Smt. Mohini W/O Dhool Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-08-1988
Reported in: 1988WLN(UC)428
J.R. Chopra, J.1. It is alleged against the accused-petitioner Smt. Mohini that she has hatched a conspiracy with accused Dhool Singh to commit murder of deceased Ram Singh. Mr. Bhansali has submitted that all the injuries found on the person of the deceased are by sharp weapon. One iron rod has been recovered from the possession of accused Smt. Mohini who is a young lady aged about 19 years and has just delivered a child in jail and that iron rod recovered from her has not been found blood stained. Certain blood stained clothes have been recovered. On her information and at her instance, the chemical report of which has yet to be received. Mr. Bhansali has submitted that this much is clear that all the injuries have been caused to the deceased by sharp weapon and none of them has been caused by blunt weapon. He has, therefore, submitted that this lady who is young and has just delivered a child deserves bail as she is not the actual person killing this deceased.2. Mr. Singhvi has subm...
Kanhiya Lal Alias Kana and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-08-1988
Reported in: 1988WLN(UC)524
S.S. Byas, J.1. Appellant Kanhiya Lal alias Kana was convicted under Sections 302 and 147 while the remaining five appellants (1) Gopal, (2) Madan, (3) Babu Lal, (4) Tejpal, and (5) Dhanna Lal were convicted under Sections 303/149 and 147 and each of them was sentenced to imprisonment for life with a fine of Rs. 1,000/- under Section 302 and 302/142 and one years' rigorous imprisonment with a fine of Rs. 100/- under Section 147 IPC by the Sessions Judge, Jhalawar by his judgment dated June 8, 19882. PW 2 Panna Lal, PW 7 Dwarka Lal are the brothers. PW 2 Mohan Lal is the nephew and PW 1 Kanti Bai is the widow of the deceased victim Dhanna Lal Mebar. Appellants Gopal, Kanhiya and Madan are the cousins of the deceased victim. They all resided in village Harigarh P,S. Khanpur, District Jhalawar Relations between then were quite cordial. How ever, accused Gopal used to accused the deceased Dhannalal stealing his hens. In the noon of 4-6-1987, accused Gopal fell out with the deceased Dhanna ...
Brij Lal and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-07-1988
Reported in: 1989WLN(UC)315
Jas Raj Chopra, J.1. This appeal is directed against the Judgment of the learned Additional Sessions Judge, Raisinghnagar dated 25-3-1987 were by the learned Judge has found the accused-petitioners Brijlal and Kishnaram guilty of the offence under Sections 304 Part II and 325/34 IPC and has sentenced them to 7 years rigorous imprisonment together with a fine of Rs. 500/- on the first count and 4 years rigorous imprisonment together with a fine of Rs. 500/- on the second count. But these substantive sentences have been ordered to run concurrently.2. The facts necessary to be noticed for the disposal of this appeal briefly stated are: that on 5-7-1984, Shri Birbalram resident of village Keepli Tehsil Anoopgarh went to Mandi Ramsinghpur for check up and treatment of his mother and father. In the evening, his mother and father were sent back on a camel cart and he started for his village on foot. In the way, he met accused-petitioners Brijlal and Kishnaram resident of village Keepli. They ...
Ramchandra Vs. Ramgopal
Court: Rajasthan
Decided on: Sep-07-1988
Reported in: 1988WLN(UC)288
Jasraj Chopra, J.1. This review petition is directed against the judgment dated 17-4-1987 passed by the learned Single Judge of this Court in SB. Civil Second Appeal No. 458 of 1975: Ram Gopal v. Ram Chandra, whereby he has upheld the finding of the learned trial court that the ground taken by the plaintiff for ejectment of defendant from the suit premises on the basis of reasonable and bonafide necessity stands proved. As the question of comparative hardship was not gone into by both the courts below, the case was remanded back to the trial court for taking the evidence afresh and to record its finding on that issue and to remit the findings to this Court. After receipt of the findings, the learned Single Judge held that the plaintiff would us put to greater hardship than the defendant if decree for ejectment in respect of the suit-shop is not passed in his favour. Even at the time, no contention was raised that the question of partial eviction has not been gone into by the learned lo...
Prabhu Dayal Vs. Ramswaroop and ors.
Court: Rajasthan
Decided on: Sep-07-1988
Reported in: 1988WLN(UC)301
Farooq Hasan, J.1. Heard learned Counsel for the petitioner.2. This revision petition has arisen out of the following circumstances. In a suit for perpetual injunction the application filed by the plaintiffs for grant of temporary injunction was dismissed by the trial court on 24-7-1987 against which an appeal (Civil Misc. Appeal No. 61/87) was filed in the court of the District Jaipur, during the pendency of which the plaintiffs moved an application Under Order 41 Rule 27, CPC which was allowed by the lower court and it allowed the plaintiffs to produce additional documents vide impugned order dated 18-2-88. Hence this revision petition by the petitioner.3. It has not been disputed that in the original suit, the written statement has not so far been filed. At the initial stage of the case, the non-petitioners are entitled to file any document if they so liked.4. As stated earlier, the learned trial court dismissed the application Under Order 39 Rules 1 and 2, CPC. Against the dismissa...
Shiv Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-06-1988
Reported in: 1988WLN(UC)515
G.K. Sharma, J.1. This appeal is directed against the judgment dt. 21-11-1987 passed by the Addl. Sessions Judge, Gangapur City where by, convicting the accused-appellant 376 IPC and sentenced him for 10 years R.I. and a fine of Rs. 1000/- in default of payment of fine, to further undergo 6 month's RI.2. On the Parcha Bayan of Mst. Kaveri recorded by the Police dated 15-11-1986 a rate 376 IPC was registered. In this statement she has stated that on 15-11-1986 at 330 p.m. she took her bull for drinking water and when she was returning the bull got freed and ran away. She chased and the bull entered into the field of Ram Prasad Meena. In that field Shiv Ram s/o Ram Prasad Meena was standing and he forcibly dragged her and committed rape on her.3. After completing the usual investigation the Police submitted challan against the accused 376 IPC. After concluding trial the learned Sessions Judge found him guilty of this offence and sentenced him as mentioned above. The case has not been arg...
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