Rajasthan Court February 2006 Judgments
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State of Rajasthan Vs. Shriram
Court: Rajasthan
Decided on: Feb-03-2006
Reported in: III(2006)ACC393; 2006(2)WLC696
Harbans Lal, J.1. The instant appeal under Section 378(1), 378(3) of the Code of Criminal Procedure, 1973 is directed against the judgment dated 3.4.2002 passed by the learned Additional Chief Judicial Magistrate, Deeg, Bharatpur, in Criminal Case No. 481/2000 acquitting accused-appellant of the offence under Section 304A, I.P.C.2. Briefly stated, the relevant facts are that accused-respondent Shriram while driving the tractor in a rash and negligent manner dashed against the culvert on which deceased Dara Singh was standing at about 12.00 p.m. on 29.7.2000, as a result of which he fell into the water and ultimately died due to drowning. The accused-respondent drove away the tractor from there without informing the police about this occurrence. On hearing the cries of Sushri Soni who was also standing on the culvert but seeing the tractor coming on a break-neck speed had run away from there, Banelal came there and after knowing the facts from Sushri Soni reported the matter to the poli...
Aayush Par Overseas Vs. the Chief Manager, Uco Bank and ors.
Court: Rajasthan
Decided on: Feb-02-2006
Reported in: IV(2006)BC193; RLW2006(2)Raj1573; 2006(2)WLC660
K.S. Rathore, J.1. Brief facts of the case are that the petitioner firm applied before the non-petitioners for sanction of Export Credit Limit and after considering an doing all the formalities the limit was sanctioned towards pre-shipment limit for Rs. 70 lacs, towards post shipment limit for Rs. 50 lacs and limit of Foreign L.C. for Rs. 30 lacs.2. The security was given to the Bank by the guarantor Shri Shyam Lal son of Late Shri Radhey Shyam Sharma and portion of house No. 1658, Ballabh Bhawan, Jat Ke Kuwe Ka Rasta was mortgaged.3. During the period March 2003, some Export Bills were pending with the Bank for remittance. Since these bills were not credited within time by the Foreign Bank and the amount was not realized in the account of the petitioner hence non-petitioner No. 1 declared the account of the petitioner as Non-Performing Account (NPA).4. Learned Counsel for the petitioner further submits that it was the duty of the Bank to claim the amount from ECGC and get realization ...
Raju @ Rajendra Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-02-2006
Reported in: II(2006)DMC207; RLW2006(2)Raj1600; 2006(3)WLC728
Khem Chand Sharma, J.1. This criminal appeal by accused appellant Raju @ Rajendra sent through Superintendent, Central Jail, Kota arises out of the judgment and order dated 31.5.2003 passed by the learned Additional Sessions Judge, (Fast Track), Chhabara, by which the learned Judge has convicted and sentenced the appellant for offence under Sections 302 and 498A IPC and sentenced him to life imprisonment with a fine of Rs. 2000/-, in default thereof to further undergo rigorous imprisonment for one year on the first count and to undergo two years' rigorous imprisonment with a fine of Rs. 500/-, in default thereof to undergo 3 months rigorous imprisonment on the second count.2. The substantive sentences were ordered to run concurrently.3. The facts leading to the present appeal are that on 27.4.2000 at 11.20 AM some unknown person informed the police at Police Station Atru that dead body of a woman was lying in the house of Raju Mali in village Mundla (Barla) and disconnected the phone. ...
Sayed Mohd. Naeem Vs. Narcotic Control Bureau
Court: Rajasthan
Decided on: Feb-02-2006
Reported in: RLW2006(3)Raj2236; 2006(3)WLC785
H.R. Panwar, J.1. The Criminal Appeal No. 532/2003 has been filed by appellant Sayed Mohd. Naeem (for short 'the accused' hereinafter) under Section 374 of the Code of Criminal Procedure, 1973 (for short 'the Code1 hereinafter) and Criminal Appeal No. 116/2005 has been filed by Union of India through Narcotics Control Bureau under Section 377 of the Code. Both these appeals are directed against the judgment and order dated 13.3.2003 passed by Special Judge, (NDPS Cases), Bikaner (for short 'the trial Court' hereinafter) in Sessions Case No. 09/99, whereby the trial Court convicted the accused of the offence under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the N.D.P.S. Act' hereinafter) and sentenced him to undergo ten years rigorous imprisonment with a fine of Rs. 1,00,000/-, in default of payment of fine further to undergo one year rigorous imprisonment. Aggrieved by the judgment and order impugned, the accused has filed Criminal Appeal No. 53...
Chander and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-02-2006
Reported in: RLW2006(3)Raj1946; 2006(2)WLC460
Shiv Kumar Sharma, J.1. The appellants, six in number, were indicted in Sessions Case No. 44/1999 before the learned Sessions Judge Alwar for having committed murder of Kishore. Learned Judge vide judgment dated September 8, 1999 convicted and sentenced them as under:Ratti Ram, Govind Sahay, Bali, Chander and Kalu:Under Section 302/149 IPC:Each to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer one month rigorous imprisonment.Under Section 147 IPC:Each to suffer simple imprisonment for two years.Under Section 323 IPC:Each to suffer simple imprisonment for six months.Under Section 325/149 IPC:Each to suffer simple imprisonment for one year and fine of Rs. 500/-, in default to further suffer one month simple imprisonment.Under Section 323/149 IPC:Each to suffer simple imprisonment for six months.Raja Ram:Under Section 302/149 IPC:To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer one month rigorous imprisonment.Under Sec...
Vishwa Kumar Sharma Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Feb-01-2006
Reported in: 2006CriLJ2096; I(2006)DMC574; RLW2006(2)Raj1123; 2006(2)WLC268
R.S. Chauhan, J.1. Within two days of her marriage, Mamta, a young lady of 18 years, met her death at her matrimonial home. Her husband, the petitioner before us, has challenged the order dated 6.6.2005, passed by the Additional Sessions Judge, Neem Ka Thana Camp at Sri Madhopur, whereby he has been charged alternatively for offences under Sections 302 and 304-B, I.P.C.2. In brief, the facts of the case are that on 9.5.2004 Mamta was married to the petitioner according to the Hindu rites. After her marriage, and accompanied by her nephew, Pradeep, she left for her matrimonial home at Guman Singh ki Dhani'. She went missing during the night of 11/12.5.2004 i.e., just two days after her marriage. Her in-laws, who sent two men from their village to her father, informed her father immediately, he rushed to her matrimonial home to find out about her whereabouts. On 12.5.2004 itself, Sita Ram lodged a report at Police Station Khandela about the fact that his daughter is missing. He further c...
Chandra Mohan @ Chanda Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-01-2006
Reported in: I(2006)DMC635; RLW2006(2)Raj1186; 2006(2)WLC466
Khem Chand Sharma, J.1. This criminal appeal by appellant Chandra Mohan @ Chandar sent through Superintendent Central Jail, Jaipur arises out of the judgment and order dated 31.10.2002 passed by the learned Judge Special Court (Fake Currency Cases), Jaipur City, Jaipur by which the learned Judge has convicted the appellant for offence under Section 302, IPC and sentenced him to life imprisonment with a fine of Rs. 1,000. In default of payment of fine, to further undergo 3 months' rigorous imprisonment.2. On 20.9.2001, Kumari Reema (P.W. 1) who is none other than the daughter of appellant lodged a written report, Ex. PI at Police Station Ramganj, Jaipur alleging therein that her father used to beat her mother Mst. Chhagani, since deceased. He had been quarelling with her mother continuously for last 3-4 days and had been threatening to kill her by cutting her neck. She alleged that her father was unemployed. Whenever her mother used to ask him to earn livelihood, he beat her. On the day...
Kirti S/O Badna Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-01-2006
Reported in: RLW2006(3)Raj1718; 2006(2)WLC679
Khem Chand Sharma, J.1. This criminal appeal by accused Kirti arises out of the judgment and order dated 30.7.2003 passed by the learned Additional Sessions Judge, (Fast Track), No. 2 Dholpur, by which the learned Judge has convicted and sentenced the appellant for offence under Section 302 IPC and Section 3/25 of the Arms Act and sentenced him to life imprisonment with a fine of Rs. 500/-, in default thereof, to further undergo simple imprisonment for two months on the first count and to under go imprisonment for one year with a fine of Rs. 100/-, in default thereof to undergo 13 days imprisonment in the second count.2. The facts leading to the present appeal are that on 21.6.2000 police recorded Parcha Bayan (Ex.P.21) of complainant Layak Singh, since deceased, according to which, on the day of incident at 7 AM while he was standing at the gate of his house, he saw Sirnam and Atar Singh etc. quarreling with each other. In the meantime appellant Kirti along with Dhuiiya, Ramratan, Ram...
Gulab Vs. Board of Revenue and ors.
Court: Rajasthan
Decided on: Feb-01-2006
Reported in: AIR2006Raj162; 2006(2)WLC463
ORDERK.S. Rathore, J.1. The substantial question of law involved in this writ petition is whether the provisions of Hindu Succession Act, 1956 is applicable to the member of the Scheduled Tribes.2. Brief facts of the case are that non-petitioners Smt. Shanti Devi & Ramdhani filed a suit for declaration of Khatedari rights and cancellation of mutation entries and declaration of gift deed dated 6-5-1978 executed by Smt. Itbai in favour of the petitioner Gulab as null and ineffective and also for correction of entries in revenue record with regard to agriculture land in question against the petitioner and one Smt. Itbai, in the Court of SD Gangapur City.3. The petitioner also filed a cross suit for declaration of tenancy right, injunction and correction of revenue entries against the non-petitioner Nos. 2 to 5 with regard to the same agriculture land in question.4. Both the suits were consolidated and transferred to the Court of Assistant Collector, Sapotra, Gangapur City.5. The Assistant...
Ramji Lal @ Sukya Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-01-2006
Reported in: RLW2006(3)Raj1936
Shiv Kumar Sharma, J.1. Ramjilal @ Sukya, the appellant herein, was indicted in Sessions Case No. 33/2001 before the learned Additional Sessions Judge Gangapur City for having committed murder of Ashok. Learned Judge vide judgment dated May 22, 2001 convicted and sentenced him under Section 302 IPC to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer six months rigorous imprisonment.2. As per the prosecution case on July 11, 2000 at 6.05 AM the informant Rameshwari (PW. 4) submitted a written report (Ex. P.9) at Police Station Gangapur City stating therein that in the preceding night about 9 PM while she was cooking food her husband had gone out. Ashok (deceased) and Ramjilal (appellant), who were under the influence of liquor, came quarreling to her house. Finding them quarreling she scolded them and they in turn promised not to quarrel again. Ashok then lay down on the cot, which was lying outside her house. Pretending to attend call of nature Ramjilal...
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