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Rajasthan Court August 1989 Judgments

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Aug 03 1989

Atma Singh and anr. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Aug-03-1989

Reported in: 1989WLN(UC)129

K.S. Lodha, J.1. The two appellants, Atma Singh and Hakam Singh have been convicted under Section 302, IPC and sentenced to imprisonment for life and a fine of Rs. 2,000/- in default of payment of fine, two year's RI, by the learned Additional Sessions Judge No. 2, Hanumangarh, by his judgment dated 8-2-1983. Aggrieved of this, the present appeal was filed by them. How ever, pending the appeal, accused Hakam Singh has already died and, therefore, his appeal has abated. We are now only concerned with the appear of Atma Singh.2. So far as this appellant is concerned, the learned Counsel for the appellant after arguing the case for his acquittal for some time, gave up that effort and urged that in the circumstances of the case, the only contention which he would press is that the appellant Atma Singh could not have been convicted under Section 302, IPC but could have been convicted only under Section 304, IPC.3. In view of this short contention raised by the learned Counsel for the appell...


Aug 02 1989

Man Singh Vs. Ganga Singh and anr.

Court: Rajasthan

Decided on: Aug-02-1989

Reported in: 1991CriLJ128; 1989(2)WLN611

ORDERMohini Kapur, J. 1. This application has been filed by the complainant under Section 439, Cr.P.C. for cancellation of bail granted to accused non-petitioner No. 1, Ganga Singh, by the Sessions Judge, Dholpur. For deciding this, it is necessary to go into the facts of the case as well as to appreciate the legal position which can be said to be relevant.2. On 11th January, 1987 an incident occurred in village Peeparowa, Police Station, Sepau. At about evening time Ganga Singh was beating Nathi's wife. Megh Singh, came there and tried to stop Ganga Singh but the latter started absuing him. Some others intervened and tried to stop him but then Ganga Singh, Mahendra Singh, Ramendra Singh and Kalyan Singh all started firing with guns and Katta. Ganga Singh fired a 12 bore gun in the stomach of Chhitariya, Mahendra Singh fired at Har Pyari, Ramendra Singh fired at Premvati and Kalyan Singh fired a Katta at Surendra. Report about the incident was lodged by Man Singh, who is relation of th...


Aug 02 1989

Om Prakash and anr. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Aug-02-1989

Reported in: 1989(2)WLN530

K.S. Lodha, J.1. The appellant Om Prakash has been convicted under Section 302,IPC and sentenced to imprisonment for life and a fine of Rs. 200/-, in default, two months' further RI and Shiyo Prakash has been convicted under Section 323, IPC and sentenced to six months' imprisonment (not mentioned whether rigorous or simple) and a fine of Rs. 200/-, in default, one (mouth's RI, by the learned Additional Sessions Judge, Nohar, by his judgment dated 30-6-1983, They have come up in appeal against their convictions and sentences.2. The prosecution story briefly stated is that on 10-3-1982 at about 3 or 3.30 p.m. Ami Lal while on his way to his house, passed near the house of the accused Om Prakash and Shiyo Prakash who happened to be standing in their door they surrounded him and Om Prakash gave 'Kasiya' blow on the head of Ami Lal. Ami Lal's cousion, who was at that time standing out side his house, saw this and ran to rescue Ami Lal. Thereupon, Shiyo Prakash gave a blow with a 'Kasiya' o...


Aug 01 1989

Kartar Singh and anr. Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Aug-01-1989

Reported in: 1989(2)WLN673

A.K. Mathur, J.1. The judgment disposes of the cases mentioned ins the Schedule appended to it as similar questions of law and facts are involved in these cases.2. For the convenient disposal of these writ petitions the facts of Kartar Singh and Anr. v. State of Rajasthan and Ors. S.B. Civil Writ Petition No. 2285 of 1987 are taken into consideration:3. The petitioners got certain land in square No. 72 situated in Chak No. 33 G.B. This land was converted for the purpose of making bricks. After conversion, the petitioners obtained a licence for making bricks from the Mining Department, Government of Rajasthan. But before starting the work of making bricks, it was necessary to obtain water from the Irrigation Department for the purpose of making bricks. Therefore, the petitioner made an application for supply of water for this purpose. The petitioner was sanctioned water in accordance with the provisions of Rule 14 read with Rule 15 and Schedule-1 of the Rajasthan Irrigation and Drainge ...


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