Rajasthan Court September 2001 Judgments
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Krishna Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-06-2001
Reported in: 2002(3)WLN301
Jagat Singh, J.1. Accused appellant Krishna Lai filed this appeal from jail assailing the conviction and sentence dated 23.5.2000 by which learned Special Additional Sessions Judge .(Atrocities to women and dowry cases), Sriganganagar in Sessions Case No. 244/97 convicted him Under Section 498A I.P.C. and awarded one year's rigorous imprisonment with a fine of Rs. 500/- Similarly he was also convicted Under Section 307 I.P.C. and awarded seven years rigorous imprisonment alongwith fine of Rs. 1000/-2. Mr. B.L. Khatri has been appointed as amicus curiae. I have heard at length Mr. Khatri as also learned Public Prosecutor and have perused not only the impugned judgment but also the evidence available in the file.3. Though PW-1 Roshni was sprinkled kerosene oil by her husband and set to fire on 16.2.1995 yet F.I.R. Ex. P/l was lodged by her father PW-2 Ramlal on 26.2.1995. Thereafter Roshni was medically examined by PW-6 Dr. B.M. Sharma vide Ex. P/10 and thereafter usual investigation not...
State of Rajasthan Vs. Nauratan Mal
Court: Rajasthan
Decided on: Sep-05-2001
Reported in: 2002CriLJ348
Sunil Kumar Garg, J. 1. This appeal has been filed by the State of Rajasthan against the judgment and order dated 29-10-85 passed by the learned Addl. Chief Judicial Magistrate, Parbatsar in Cr. Case No. 285/1985 by which he acquitted the accused respondent for offence under Sections 279 and 429, I.P.C.2. This appeal arises in the following circumstances :(i) On 30-1-83, P.W. 1 Dagla Ram lodged a written report Ex. P/1 with the Police Station Parbatsar stating that Roadways Bus No. RSG 6009 which was being driven by accused respondent at about 12.30 noon which was proceeding towards Parbatsar, struck against the cow of P.W. 1 Dagla Ram resulting into fractures and later on the cow died. It is also stated in the report Ex. P/1 that this incident was witnessed by P.W. 3 Mangi Lal, P.W. 4 Govinda Ram and P.W. 2 Bodu Ram.3. On this report, police chalked out regular FIR Ex. P/5 and post-mortem of the body of the cow was got conducted by P.W. 11 Bheru Singh and the post-mortem report is Ex....
U.S. Madan and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-05-2001
Reported in: 2002CriLJ408; 2002(2)WLN243
ORDERSunil Kumar Garg, J. 1. This criminal misc. petition under Section 482, Cr. P.C. has been filed by the petitioners, who are distributors as well as manufacturers with the prayer that the proceedings of criminal case No. 160/83 State v. Kishan Beej Bhandar for the offence under Section 17(1)(a) punishable under Section 29(1)(a) of the Insecticides Act, 1968 (hereinafter referred to as 'the Act of 1968') pending in the Court of Addl. Chief Judicial Magistrate, Sangaria be quashed.2-3. It arises in the following circumstances :--On 14-6-1983, a complaint was filed by Insecticide Inspector, Hanumangarh in the Court of Judicial Magistrate, Ist Class, Sangaria against the present petitioners, who are Distributors as well as manufacturers and apart from them, against M/s. Kishan Beej Bhandar, Sangaria and Kewal Krishan c/o M/s. Kishan Beej Bhandar, Sangaria, who are dealers of the insecticides in question. It was stated in the complaint that on 9-8-1992, Insecticide Inspector, Hanumangar...
Babu Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-05-2001
Reported in: 2000(1)WLC251; 2002(1)WLN617
Rajesh Balia, J.1. The appellant has been convicted of causing death of his wife Mst. Kali in the night between 30th March and 31st March, 1996 with the aid of tamy (steel rod). A F.I.R. was orally lodged by one Shyam Lal on 31.3.1996 at about 10.00 A.M. at the Police Station Phooliakallan on 31.3.1996 stating that while he was going on his duty to Agoocha Mines Hemraj S/o Ram Narayan who is the brother of the appellant informed him that the appellant has killed his wife Mst. Kali at about 11.00 P.M. by hitting over her head with a rod and requesting him to make a report to the police. To support this case the prosecution had relied on the only alleged eye witness Chaina recovery of weapon of offence at the instance of accused from the house of the accused and circumstantial evidence of last seen together.2. The post mortem revealed that the dead body had one injury over the forehead and that the cause of death of Mst. Kali was the said injury on the head. The prosecution came up with ...
Prithvi Raj Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-05-2001
Reported in: 2002(3)WLN304
Sunil Kumar Garg, J.1. This appeal has been filed by the accused appellant Prithvi Raj against the order dated 16.6.1998 passed by the learned Sessions Judge, Sri Ganganagar by which he rejected the application of the accused appellant filed Under Section 452 Cr.P.C.2. It arises in the following circumstances:A charge-sheet was submitted against the present accused appellant and some other accused persons for the offence punishable Under Sections 302, 379, 447, 147 etc. of I.P.C. and Under Section 27 of the Indian Arms Act in the Court of Magistrate, Suratgarh and from where the case was committed to the Court of Session, Sri Ganganagar and it was registered as Sessions Case No. 83/94 State v. Raj Kumar and others.After conclusion of trial, the learned Sessions Judge, Sri Ganganagar through his judgment and order dated 30.11.1994 convicted the present accused appellant and another accused Raj Kumar for the offence Under Section 302 and 447/34 I.P.C, but acquitted some other accused per...
Rajasthan Upbhokta Sanrakshan Samiti Vs. Unit Trust of India
Court: Rajasthan
Decided on: Sep-04-2001
Reported in: 2002(1)WLC48; 2003(1)WLN93
Naolekar, J. 1. The petitioners seek a writ of mandamus declaring the action of respondents in terminating the Rajlakshmi Unit Scheme -1992 (RUS'92), as illegal, arbitrary, violative of the principles of natural justice and being violative of the principle of promissory estoppel.The Unit Trust of India (UIT) launched RUS'92 exclusively for the benefit of women. The scheme itself was proclaimed to be a tribute by the UTI to women. It provided for an investment that was to grow twenty-one times in twenty years. Investment of Rs. one thousand in the name of a female child up to and including the age of one year was to become Rs. twenty-one thousand after twenty years and Rs. five thousand was to become over one lac. Depending upon the age of the child for whom the investment was to be made, the maturity value was to vary from a minimum of Rs. eleven thousand to Rs. twenty-one thousand. The scheme further declared that the maturity value was to be given only to the beneficiary, till then n...
Punjab National Bank Vs. Purewell and Associates Ltd.
Court: Rajasthan
Decided on: Sep-04-2001
Reported in: AIR2002Raj13; 2002(1)WLC67
Naolekar, J.1. Respondent No. 1, herein, M/s. Purewal & Associates Limited (hereinafter shall be referred to as 'the respondent Company') moved applications before the Debts Recovery Tribunal under Order 23 Rule 3 read with Sec. 151 of the Code of Civil Procedure for recording the compromise/settlement arrived at between the parties and passing of the Decree in terms thereof. Appellant-Punjab National Bank (hereinafter shall be referred to as 'the appellant Bank') contested the said applications by filing reply. By order dated 15.12.1998 the learned Debts Recovery Tribunal has rejected he applications of the respondent Company filed under Order 23 Rule 3 of the Civil Procedure Code holding that the compromise cannot be recorded as it was not in writing signed by the parties. Being aggrieved by the said order dated 15.12.1998 of the Tribunal, the respondent Company filed two writ petitions bearing S.B. Civil Writ Petitions No. 6681/98 and 6682/98 challenging the order passed by the Debt...
Assistant Commissioner of Income-tax Vs. Kohinoor Marbles, Tiles and K ...
Court: Rajasthan
Decided on: Sep-04-2001
Reported in: [2002]256ITR542(Raj)
N.N. Mathur, J. 1. This appeal under Section 260A of the Income-tax Act, 1961, has been filed against the order of the Income-tax Appellate Tribunal, Jaipur, dated October 26, 1998. This court by order dated March 8, 2000, found the following substantial question of law involved to be decided in this appeal: 'Whether the Tribunal was right in deleting the addition of Rs. 6,26,668 on account of under-invoicing simply on the ground that no addition is possible by making presumption and by generalisation notwithstanding the fact that the Assessing Officer while making this addition had verified the seized documents and the total sales, neither reflected nor the assessee has submitted satisfactory reply on account of undeclared sales and receipts ?' 2. The brief facts giving rise to the instant appeal are that the return was filed by the assessee-respondent, Kohinoor Marbles, Tiles and Kota Stone Syndicate, Jaipur, on July 18, 1990, declaring the income of Rs. 48,230 and the same was proce...
Ram Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-04-2001
Reported in: 2002(1)WLN595
Garg, J. 1. This appeal has been filed by the accused appellant against the judgment and order dated 23.4.2001 passed by the learned Addl. Sessions Judge, Anupgarh District Sri Ganganagar in Sessions Case No. 9/2000 by which he convicted the accused appellant for the offence under Section 306 1PC and sentenced him to under go five years rigorous imprisonment and to pay fine of Rs. 1000/-, in default of payment of fine, to further undergo R1 for two months. (2). The facts giving rise to this appeal, in short, are as follows:- On 12.10.1999 at about 4.45 PM, PW 1 Hardayal lodged a written report Ex. P/l before PW 10 Pramod Swami, who was at the relevant lime SHO Police Station Rawla District Sri Ganganagar stating inter-alia that his daughter Shanti (hereinafter referred to as the deceased) was married with the accused appellant 10-12 years back and this wedlock produced four children. It was further stated in the report that in between the night of 11.10.1999 and 12.10.1999, her in-laws...
Kishna Ram and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-04-2001
Reported in: RLW2003(3)Raj1845; 2002(2)WLN7
Garg, J.1. This appeal has been preferred by the accused appellants against the judgment and order dated 10.9.99 passed by learned Additional Sessions Judge, Phalodi in Sessions Case No. 1/99 whereby the learned Additional Sessions Judge convicted the accused appellants for offence under Sections 498-A and 304-B I.P.C. and sentenced each of them as under: Name of accusedOffenceSentence AwardedKishna Ram498-A I.P.C.2years' S.I. & a fine of Rs. 100/- in default to further undergo1 month's S.I.Kishna Ram304-B I.P.C.7 years' S.I.Smt. Anchi498-A I.P.C.2years' S.I. & a fine of Rs. 100/- in' default to further undergo1 month's S.I.Smt. Anchi304-B I.P.C.7 years' S.I.Chetan Ram498-A I.P.C.2years' S.I. & a fine of Rs. 100A in default to further undergo1 month's S.I.Chetah Ram304-B I.P.C.7 years' S.I.2. It arises in the following circumstances :(i) On 19.11.98 at about 8.15 a.m., P.W. 4 Lala Ram lodged a written report Ex.P/8 before P.W. 7 Bhupendra Singh, SHO Police Station Bhojasar stating that...
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