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Rajasthan Court April 1991 Judgments

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Apr 05 1991

Parbhati Vs. the State of Rajasthan

Court: Rajasthan

Decided on: Apr-05-1991

Reported in: 1991(1)WLN425

V.S. Dave, J.1. This criminal appeal is directed against the judgment passed by learned Additional Sessions Judge No. 2, Bharatpur on 15th May, 1990 whereby he convicted accused appellant for offence under Section 302 IPC and sentenced him to life imprisonment and a fine of Rs. 100/- and in default of payment of fine, he was ordered to undergo 7 days R.I.2. Brief facts, giving rise to this appeal are that an FIR was lodged at Police Station Weir on 3-9-87 at 6.00 p.m. by Ajmat Singh (P.W.1) wherein it was alleged, by him that in the evening of 1st September, 1987 when he heard the noise of some quarrel coming from Mohar Singh's house he went there and saw that Bissa, Prabhati, Balram, Dharam Singh and Brijendra Singh were inflicting injuries on the person of Mohar Singh and his wife Bhagwani and one Bhagwat. Prabhati is alleged to have been armed with an iron shod, rest all with lathis. It was further mentioned that Prabhati inflicted a Sariya blow on the head of Bhagwati, who fell dow...


Apr 05 1991

Rajaram and anr. Vs. the State of Rajasthan

Court: Rajasthan

Decided on: Apr-05-1991

Reported in: 1991WLN(UC)210

Jas Raj Chopra, J.1. These four appeals : one represented appeal by accused Rajaram, two represented appeals by accused Hanuman and one Jail appeal by accused Rajaram and Hanuman, are directed against the judgment of the learned Addl. Sessions Judge, Raisinghnagar dated 14.11.1986 where by the learned Addl. Sessions Judge has held the accused-appellants Rajaram and Hanuman guilty of the offences under Sections 302, 120B, 404 and 460 IPC and has sentenced them to life imprisonment together with a fine of Rs. 200/-each and in default payment of fine to further undergo imprisonment for two months for the offence under Section 302 IPC; ten years' rigorous imprisonment together with a fine of Rs. 200/-each and in default of payment of fine to further undergo simple imprisonment for two months for the offence under Section 120B IPC; ten years' rigorous imprisonment together with a fine of Rs. 200/- each and in default of payment of fine to undergo two month's simple imprisonment for the offe...


Apr 05 1991

ishab Khan Vs. State of Rajasthan

Court: Rajasthan

Decided on: Apr-05-1991

Reported in: 1992(1)WLC144; 1991WLN(UC)507

N.L. Tibrewal, J.1. This is a second bail application under Section 439 Cr.P.C, the earlier one was rejected by this Court on 16.10.90 with a direction to the Trial Court to complete the trial within six months. The application has been filed by the petitioner on a ground, which is of general importance, that unless he is granted indulgence of bail, he cannot find out and procure the defence witnesses to lead evidence in rebuttal to the prosecution evidence to the effect that he had made oral confession before a Panchayat of the community members of different villages.2. In order to appreciate the submissions made by the learned Counsel for the petitioner, some facts of the case are necesrary to be narrated.3. The petitioner is facing trial under Section 302 IPC for committing murder of his wife. The report of the incident has been lodged by Khursheed, S/o Rehman at Police Station Gordhan, District Bharatpur on July 24, 1990. The informant is the real brother of the deceased.4. It is n...


Apr 04 1991

Krishan Lal Vs. the State of Rajasthan

Court: Rajasthan

Decided on: Apr-04-1991

Reported in: 1991(2)WLC457; 1991(1)WLN54

J.R. Chopra, J.1. This appeal is directed against the Judgment of the learned Additional Sessions Judge No. 2, Hanumangarh dated 18.4.1984 whereby the learned Addl. Sessions Judge has acquitted the accused-persons Bhadar Ram and Smt. Gomati of the offence Under Section 302 read with Section 120B, I.P.C. and has convheldeted the accused-appellant Krishanlal guilty of the offence Under Section 302 I.P.C. The accused-appellant Krishanlal has been sentenced to life imprisonment together with a fine of Rs. 2,000/- and in default, to further under go rigorous imprisonment for one year for the offence Under Section 302 I.P.C.2. The facts necessary to be noticed for the disposal of this appeal briefly stated are: that accused Krishanlal is the son of acquitted-accused Bhadarram and Smt. Gomati, who are husband and wife. Accused Krishanlal was married to Smt. Krishna, the daugther of P.W.1 Kashiram Jat resident of Khileriya Tehsil Suratgarh before about three and half years from the date of the...


Apr 04 1991

State of Rajasthan Vs. Kamlashanker

Court: Rajasthan

Decided on: Apr-04-1991

Reported in: 1991(1)WLN344

N.K. Jain, J.1. This appeal has been filed by the State against the order of the learned Judicial Magistrate, Abu Road whereby he has acquitted the accused of the offence Under Sections 380 and 457 IPC.2. Brief facts giving rise to this appeal are that one Shyamlal, lodged a report at the Police Station Abu Road with the allegation that he went to Ajmer on 25.4.80 on official duty and returned on 26.4.80 and found that lock of his house was broken but at that time he could not visualise the loss but when his wife and children returned on 30.4.80, thereupon it was found that four gold bangles weighing one tola each, one golden ring weighing 1/2 tola, one golden paddel, golden tops and currency Under Sections 380, 457 and started investigation. The accused Kamlashanker was arrested on 5.5.80. After completion of usual investigation, police submitted a challan before the learned trial court. The accused pleaded not guilty and claimed trial. The prosecution in support of its case examined ...


Apr 04 1991

Krishanlal Vs. the State of Rajasthan

Court: Rajasthan

Decided on: Apr-04-1991

Reported in: 1991(2)WLN83

Jasraj Chopra, J.1. This appeal is directed against the Judgment of the learned Additional Sessions Judge No. 2, Hanumangarh dated 18.4.1984 whereby the learned Addl. Sessions Judge has acquitted the accused persons Bhadar Ram and Smt. Gomati of the offence under Section 302 read with Section 120B, I.P.C. and has held the accused-appellant Krishanlal has been sentenced to life imprisonment together with a fine of Rs. 2,000/- and in default, to further undergo rigorous imprisonment for one year for the offence under Section 302 I.P.C.2. The facts necessary to be noticed for the disposal of this appeal briefly stated are: that accused Krishanlal is the son of acquitted-accused Bhadarram and Smt. Gomati, who are husband and wife. Accused Krishanlal was married to Smt. Krishna, the daughter of P.W. 1 Kashiram Jat, resident of Khelieriya Tehsil, Suratgarh before about three and half years from the date of the occurrence. It is alleged that soon after the marriage, Bhadarram and Krishanlal t...


Apr 03 1991

Oriental Fire and Genl. Ins. Co. Ltd. Vs. Shanta Kanwar and ors.

Court: Rajasthan

Decided on: Apr-03-1991

Reported in: 1992ACJ903

Milap Chandra Jain, J.1. This appeal has been filed against the award of the learned Member, Motor Accidents Claims Tribunal, Udaipur dated June 23, 1987 by which the claimant-respondents have been awarded Rs. 43,000/-as compensation with costs and interest The facts of the case giving rise to this appeal may be summarised thus.2. On October 24, 1984, Chhatar Singh, husband of the claimant No. 1, Shanta Kanwar and son of the claimant Nos. 2 and 3, Kesar Singh and Sobhag Kanwar, was travelling in bus No. RSY 9651 owned by the respondent No. 5, Hangami Lal. It was being driven by its driver, respondent No. 4, Bhanwar Singh, rashly and negligently. As a result thereof, it overturned. The passengers Chhatar Singh and Shanti Das received fatal injuries and died on the spot. The claimant-respondents filed a claim petition for Rs. 1,90,000/- against respondent Nos. 4 and 5 and the appellant. They seriously contested the claim petition. The insurance company also averred that it is liable to t...


Apr 03 1991

Arjun Singh and anr. Vs. the State of Rajasthan

Court: Rajasthan

Decided on: Apr-03-1991

Reported in: 1992(2)WLC299; 1991(1)WLN513

B.R. Arora, J.1. This appeal is directed against the judgment dated November 13, 1988, passed by the Additional Sessions Judge, Barmer by which the learned Additional Sessions Judge convicted and sentenced the accused under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985.2. PW 5 Jalam Singh, Station House Officer, Police Station, Barmer, on August 9, 1987, received an information through some 'MUKHBIR' that a mohammedan person R/o Karime Ka Paar (Pakistan) was bringing smuggled heroin to Barmer, but in the way, on account of some disturbances, he had hidden the heroin in some sand-dune nearby the road. Accused Hasti and Arjun Singh came to know regarding this and, therefore, they have taken some polythene bags containing heroin from that place where the same was hidden by that mohammedan person and they were in search of some customer to sell that heroin. After recording this information in the 'ROJNAMCHA Ex. P-11, Jalam Singh, S.H.O., alongwith Baktawar Singh L....


Apr 03 1991

Jeevraj Ram Vs. the State of Rajasthan

Court: Rajasthan

Decided on: Apr-03-1991

Reported in: 1991(1)WLN537

B.R. Arora, J.1. This appeal is directed against the judgment dated December 20, 1988, passed by the learned Sessions Judge, Bikaner, by which the learned Sessions Judge convicted and sentenced the accused-appellant Under Section 8/17 of the Narcotic Drugs and Psychotropic Substances Act, 1985.2. The incident, which led to the prosecution and trial of the appellant Jeevraj Ram Under Section 8/17 of the Narcotic Drugs and Psychotropic Substances Act, took place on April 29,1987, at about 11.00 a.m. when the accused-appellant was apprehended near the godown of 965 RD by the police party headed by Nachhatra Singh, Station House Officer, Police Station, Bajju. The case of the prosecution is that on April 29,1987, Nachhatra Singh, S.H.O., Police Station, Bajju, at about 10.00 a.m. received an information from one 'MUKHBIR' and this information he entered in the 'ROZNAMCHA' vide Ex. P-11 and went in a jeep alongwith Shashi Raj, Bhanwar Singh, Munshi Ram, Moti Ram, Patt Ram, and the driver Go...


Apr 03 1991

The Oriental Fire and General Insurance Company Limited Vs. Smt. Shant ...

Court: Rajasthan

Decided on: Apr-03-1991

Reported in: 1(1992)ACC84

Milap Chandra Jain, J.1. This appeal has been filed against the award of the learned Member, Motor Accidents Claims Tribunals, Udaipur dated June 23,1987 by which the claimant-respondents have been awarded Rs. 43,000/- as compensation with costs and interest. The facts of the case-giving rise to this appeal may be summarised thus.2. On October 24, 1984, Chhatar Singh, husband of the claimant No. 1 Mst Shanta Kanwar and son of the claimants No. 2 and 3 Kesar Singh and Mst Sobhag Kanwar was travelling in Bus No. RSY 9651 owned by respondent No. 5 Hangami Lal. It was being driven by its driven respondent No. 4 Bhanwar Singh rashly and negligently. As a result thereof, it over turned. The passengers Chhatar Singh and Shanti Das received fatal injuries and died on the spot. The claimant-respondents filed a claim petition for Rs. 1, 90,000/- against the respondent Nos. 4 and 5 and the appellant. They seriously contested the claim petition. The insurance company also averred that it is liable...


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