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Rajasthan Court March 2006 Judgments

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Mar 01 2006

Than Singh Vs. State

Court: Rajasthan

Decided on: Mar-01-2006

Reported in: RLW2006(3)Raj2178; 2006(3)WLC716

R.S. Chauhan, J.1. Murder of Kishna, in dead of the night, three alleged eye-witnesses and recovery of 'Kulhari' (axe) forms the backdrop of this case. The appellant has challenged the order dated 22.3.2003 passed by the learned Addl. Sessions Judge (Fast Track), Laxmangarh, District Alwar whereby he has been convicted for the offence Under Section 302 IPC and was sentenced to undergo life imprisonment and was imposed with a fine of Rs. 500/-.2. The brief facts are that on 18.10.2000, one Shri Hariom Saini (P.W. 3) submitted a written report (Ex.P/1) to the Station House Officer, Police Station, Kherli wherein he claimed that 'in he night of 17.10.2000, his brother Kishna was sleeping outside the floor mill on a raised platform ('Chabutari'). He further alleged that Mohan Singh, Pooran and he had gone to the house of Gujarmal Saini for watching films on VCR. In the morning around 4' O clock, when they were coming back, after watching the films, as soon as they came near the Panchayat b...


Mar 01 2006

Kanhaiya Lal and anr. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Mar-01-2006

Reported in: RLW2006(3)Raj1984; 2006(3)WLC656

Shiv Kumar Sharma, J.1. The accused appellants have challenged the judgment dated 16.4.2001 passed by the Additional Sessions Judge No. 2, Bundi, whereby they have been convicted for offence Under Section 302 IPC and have been sentenced to life imprisonment and imposed with a fine of Rs. 1,000/-, and to further undergo a sentence of one year simple imprisonment, in default thereof.2. In brief, the facts of the prosecution are that on 19.2.2000 Kanhaiya Lal, (PW. 1) lodged a written report (Ex. P. 1), at Police Station Kapren, wherein he claimed that he is resident of Village Bahadawali. On 18.2.2000 his son Siyaram, age 27 years, had gone to the house of Shri Kishan Gurjar at Ghat Ka Barana for taking part in a local feast. Kaluram and Jugraj had also gone with him. He further claimed that in the night around about 12 O' clock, Kishan Gopal, S/o Shri Hiralal Gurjar, resident of Laban, came to his village and informed him that Siyaram was assaulted by Kanhaiya Lal (appellant No. 1) and ...


Mar 01 2006

Daulat Ram Vs. Kuri and ors.

Court: Rajasthan

Decided on: Mar-01-2006

Reported in: 2007ACJ1449; 2006WLC(Raj)UC710

Prakash Tatia, J. 1. Heard learned Counsel for the parties.2. These two appeals are arising from the award dated 19.4.2003 by which the Motor Accidents Claims Tribunal, Udaipur decided two Claim Case Nos. 44 and 107 of 1996 and awarded compensation to the claimants. The claimants have not preferred any appeal for enhancement nor they have preferred any cross-objection, therefore, the issue involved in these appeals, as submitted by the appellant is that the Tribunal has committed error of fact in holding that the driver of the vehicle was Daula s/o Khema where in fact, according to the owner, the driver of the vehicle at the relevant time was Daya Ram s/o Bhera Dangi. Daya Ram had valid driving licence to drive the vehicle. If the finding of the Tribunal is reversed, then the insurance company is liable to pay the compensation amount to the claimants in place of the owner. Another ground is that if the finding of the Tribunal is maintained and the driver of vehicle was Daula, then he w...


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