Rajasthan Court January 1997 Judgments
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NaraIn Soni Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-20-1997
Reported in: 1997CriLJ1859
P.C. Jain, J.1. This appeal Under Section 374(2) Cr. P. C. is directed against the judgment dated 24-1-1994 passed by the learned Additional Sessions Judge No. 2, Sri Ganganagar whereby the learned Addl. Sessions Judge has convicted the accused-appellants for the offence Under Section 302/34 IPC and sentenced each of them to undergo rigorous imprisonment for life together with a fine of Rs. 500/- each and in default of payment of fine to further under go simple imprisonment for six months.2. The case of the prosecution briefly stated is that on 13-12-1992, P. W. 7 Subhash Chandra, his brother Diwanchand, Om Prakash Middha and Om Prakash Verma were proceeding to Hospital through the Jail Road to meet somebody. When they reached near the house of Jagdish Kamara, they found Jagdish Kamara standing outside his house and on seeing them, he asked them to wait as he was also coming. Thereupon, they stayed and waited for Jagdish Kamara. After a minute or two, Jagdish Kamara came out from his h...
Smt. Barfi Devi and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-20-1997
Reported in: 1997CriLJ2152; 1997(2)WLC142
ORDERS.C. Mital, J.1. The petitioners have moved this petition under Section 482, Cr. P.C. against the order D/- 16-5-96 passed by learned Additional Chief Judicial magistrate, Kushalgarh in criminal regular case No. 626/91 Under Section 7 r/w 16 Prevention of Food Adulteration Act, 1954 (hereinafter in short the Act). The petitioners have prayed that the proceedings of the aforesaid case against them; may be dropped for the grounds given in the petition.2. Before I deal with the arguments raised before me, it is necessary to give brief facts leading to this petition. Shri R.P. Tyagi, Food Inspector took sample of mustard oil from the shop of accused No, 1 Shri Sirajuddin on 7-5-89 from out of a sealed tin in accordance with the provisions in this regard under the Act. The sealed tin was bearing grade-IInd, Batch No. H/3 674430, Bharatpur city. Shri Sirajuddin produced the bill No. 601 dt. 1-4-89 that it was purchased by him from M/s. Santosh Kumar Maganlal Khabia, Kushalgarh accused N...
Dharm Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jan-20-1997
Reported in: 1997WLC(Raj)UC70; 1997(1)WLN130
P.K. Tewari, J.1. Shri Yadav has submitted the Rules for the Administration, Admission and Rehabilitation of Persons in Homes and Shelters, 1970, Rule-10 deals with the Sources of Admission to the Shelter Home, which provides that the admission to the Home or Shelter will be made subject to availability of accommodation and facilities on a court order under the Act or otherwise on the recommendations or consent of the parent/husband/legal guardian and on being sent by the police.2. A perusal of the file of the Assistant Collector/Executive Magistrate & S.D.M., Bandikui, reveals that the learned Magistrate had, ordered for detention of Smt. Ratni Devi on the application of father-Dharam Singh.3. Smt. Ratni Devi has already been released from the said Mahila Sadan, Jaipur vide this Court's order dated 22.11.96 and she is at present living with her father. In such circumstances, no further action is called for in this Habeas Corpus Writ Petition, which is hereby disposed of.4. The record ...
Ashwini Kumar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-17-1997
Reported in: 1997CriLJ813
ORDERS.C. Mital, J.1. The petitioner Ashwini Kumar has filed this Misc. Petition under Section 482, Cr.P.C. for quashing the FIR No. 198/96, Police Station, Aakola, District Chittorgarh, under Sections 8/18, 59(2), Narcotics Drugs and Psyshotropic Substances Act, 1985 (for short 'NDPS Act') and investigation proceedings of the aforesaid FIR.2. The brief facts for the disposal of the petitioner may be stated as under:-The petitioner was Sub-Inspector Narcotics Bureau, Chittorgarh. On 29-11-85 along with other staff he saw two persons in a Nala with a she-camel. On being questioned these persons fired and an encounter took place. However, those two persons managed to run away under the cover of darkness leaving behind one automatic revolver and a she-camel with three bags containing opium weighing 86 kg. and 660 grams. The opium was sealed after taking the sample and the petitioner lodged a report at Police Station, Aakola resulting in a case No. 169/85 under Sections 4/9 Opium Act. The ...
Diwan Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-17-1997
Reported in: 1997(1)WLN127
V.G. Palshikar, J.1. This appeal is directed against the judgment/order dated 20.11.91 passed by the learned Single Judge, by which the learned Single Judge dismissed the writ petition filed by the petitioner and maintained the orders passed by the Revenue Authorities including the Board of Revenue.2. Banta Singh father of petitioner-appellant Diwan Singh was having 31/2 Bighas of land situated in Square No. 33 in Chak 28-H of tehsil Sri Karanpur (district Sri Ganganagar). A small patch of 4 Bighas 9 Biswas of land adjoining to the land of the petitioner, was in the temporary cultivation of Banta Singh. This land was a government land. Banta Singh, therefore, applied for the allotment of four Bighas of land being a small patch of land, to him.3. One Indra Singh, whose land was situated in the same square, also, applied for allotment of the land in his favour being a small patch of land. The Collector, Sri Ganganagar, by his order dated 4.6.68 sold this land @Rs. 1500/- per Bigha in fav...
Rajmal and Etc. Etc. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-16-1997
Reported in: AIR1997Raj68
ORDERP.P. Naolekar, J.1. As common questions of law and facts are involved in these petitions, they are decided by this common order.2. In village Mandafia Sanwaliyaji, there is a temple of Lord Krishna. The management of the temple and its properties is under the Board constituted under Shri Sanwaliyaji Temple Act, 1992. A notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act (hereinafter) was issued on 10-7-1996 and was published in the Rajasthan Gazette dated 27-7-1996 for acquisition of lands and buildings for extension of temple Shri Sanwaliyaji and for construction of temple premises. A notification under Section 4(1) of the Act was published in the newspapers Pratah Kal published from Udaipur, dated 4-9-1996, Lalkar published from Chittorgarh dated 5-9-1996 and Rajasthan Kiran published from Nimbaheda dated 12-9-1996. A declaration under. Section 6 read with Section 17 of the Act was published in Rajashtan Gazette dated 18-9-1996, in the newspapers J...
Upendra Singh Solanki Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-16-1997
Reported in: 1997CriLJ1850
ORDERAmaresh Ku. Singh, J.1. Heard the learned counsel for the petitioner and the learned Public Prosecutor for non-petitioner No. 1. Now appeared on behalf of non-Petitioners Nos. 2 to 5.2. This petition under Section 482 of the Criminal Procedure Code is directed against the order dated 9-5-1994 passed by the learned Munsif and Judicial Magistrate, Bilara in Cr. Original Case No. 68 of 1994, State v. Paras Ram and Ors.. By the aforesaid order the learned Judicial Magistrate discharged the respondents Nos. 2 to 5 of the offences punishable under Sections 147, 148, 332, 353, 427, 365/149 of the Indian Penal Code and directed that charges be framed against the accused persons under Sections 323 and 342 of the Indian Penal Code.3. A revision petition was filed by the petitioner against the aforesaid order of the learned Magistrate, in the Court of District and Sessions Judge Jodhpur. That revision petition was dismissed by the learned Addl. District and Sessions Judge, Jodhpur vide order...
Jaffar Khan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-16-1997
Reported in: 1997CriLJ1571
Gopal Lal Gupta, J.1. Through this appeal, appellant Jaffar Khan has challenged his conviction under Sections 302 and 201, IPC and sentence of imprisonment for life and Rs. 100/- fine; and one year R.I. and Rs. 100/- fine, respectively recorded by the learned Additional Sessions Judge, Bhilwara vide judgment dated 29-9-1981.2. The facts are that deceased Paliya and Jagdish, P.W. 9 used to work in the field of Jaffar Khan (accused). In the evening of 28-9-1980 he did not turn up from Lorda Ghata, working place. Therefore, Jaffar Khan lodged a report (Ex. P-1) on 30-9-1980 stating therein that as Paliya did not return, so he along with Ramdev and Babulal made a search and it was found that there were some blood marks on the stone wall of a room situate in Jungle. It was further stated that when Paliya left for work he was wearing white clothes. This report was recorded in Rojnamcha. S.H.O. Hardayal Singh on 1-10-1981 went towards the, place where the blood marks were noticed by the first...
Govind Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-16-1997
Reported in: 1997CriLJ1562
Gopal Lal Gupta, J.1. Through the aforesaid two appeals appellant Govind Singh challenges his conviction and sentence of life imprisonment under Section 302, I.P.C. two years R. I. and a fine of Rs. 300 under Section 325, I.P.C. and one year R. I. and a fine of Rs. 100/- under Section 324, I.P.C. recorded by the learned Additional Sessions Judge, Pratapgarh vide his judgment D/- 10-6-1980.2. Since both the appeals arise out of the same judgment they are being disposed of by this common judgment.3. On 11 -8-1979 at 4 p.m. Pratap Singh lodged oral report (Ex. P/l) with Police Station Bhim stating therein the occurrence which took place between 10.30 a.m. to 11.30 a.m. on that day. It was stated that he along with his father Arjun Singh and brother Inder Singh had gone to their field known as 'Retiyavala' to watch the crop where they found that cows, bullocks, buffaloes and goats were grazing the crop. They also saw Govind Singh sitting at the hillock at some distance. It was further stat...
Sunil Kumar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-16-1997
Reported in: 1997CriLJ1081
ORDER1. This appeal is directed against the judgment dated 7-4-1994 passed by the learned Special Judge SC/ST cases, Udaipur whereby he convicted the accused-appellant Sunil Kumar for the offence under Section 302, IPC and sentenced him to rigorous imprisonment for life together with a fine of Rs. 200/- and in default of payment of fine, to further undergo rigorous imprisonment for one month.2. The brief facts relevant for the disposal of this appeal are that P.W.I Kalidass, P.W. 5 Smt. Bindu, their daughter deceased Bhawana and other children were living in quarter No. 11, Police Lines, Udaipur. The accused Sunil Kumar and his brother Ramesh Kumar were living in Quarter No. 9E in front of the quarter of P.W. 1 Kalidass. It is alleged that on 7-10-1992, P.W.I Kalidass went to attend his duties and his wife Mst. Bindu also left for the Hospital on some assignment leaving behind Bhawana aged 14 years in the house. The other children of Kalidass viz., Aabha and Anukul had gone to some rel...