Rajasthan Court July 2006 Judgments
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Jagdish Vs. State and ors.
Court: Rajasthan
Decided on: Jul-03-2006
Reported in: 2006CriLJ3538; 2006(4)WLC479
ORDERHarbans Lal, J.1. The instant Cr. Revision Petition under Section 397 r/w. 401, Cr. P.C. is directed against the order dated 19-9-2005 passed by the learned Additional Sessions Judge, Shahpura, District Jaipur in Sessions Case No. 4/2003 whereby, the application of petitioner Jagdish filed Under Section 319, Cr. P.C. has been rejected.Briefly stated, the relevant facts are that the accused-respondents and others gave beating to the petitioner and his family members after entering into his house on 23-9-2002 at about 6.00 p.m. An FIR being No, 533/2002 was lodged at 8.15 p.m. on the same night about the aforesaid occurrence by one Ramgopal Yadav for offences under Sections 147, 452 and 323, IPC. After investigation, charge-sheet was filed in the Court of A.C.J.M. Shahpura for offences under Sections 341, 323 and 307, IPC against accused Kalu only. The case was committed to the Court of Additional District and Sessions Judge, Shahpura for trial. After hearing both sides and upon a p...
irshad @ Risal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-03-2006
Reported in: RLW2006(4)Raj3013; 2006(3)WLC761
Shiv Kumar Sharma, J.1. Irshad @ Risal, the appellant herein, has impugned the judgment dated January 30, 2002 of the learned Additional Sessions Judge Kishangarh (Ajmer), whereby the appellant was convicted and sentenced under Section 302 IPC to suffer imprisonment for life and fine of Rs. 2,000/-, in default to further rigorous imprisonment for one year.2. It is the prosecution case that the appellant personated himself as Rajendra Singh and came to the house of Rupendra Singh (since deceased). Rupendra Singh believed that Rajendra Singh was the brother of his wife Rajesh Kanwar and took him on scooter to the house of his cousin brother Prahlad Singh. Appellant pretended to go to Jammu but on the pretext of stomach pain he remained in the house of Prahlad Singh and thereafter went to Bus-stand. In the Bus-stand around 4.15 AM the appellant forced Rupendra Singh to go to Marble factory in search of his wrist watch. Rupendra Singh and the appellant together left the bus stand on scoote...
Pappu and anr. Vs. Rekha and anr.
Court: Rajasthan
Decided on: Jul-03-2006
Reported in: 2006CriLJ3728; 2006(4)WLC549
ORDERHarbans Lal, J.1. The instant petition under Section 482, Cr. P.C. seeks quashing of order dated 20-8-2005 passed by the learned Special Judge, Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act Cases in Cr. Revision Petition No. 16/2005 whereby the revision petition has been dismissed and order dated 2-4-2004 passed by the learned trial Court in Cr. Case No. 88/ 2000 dismissing the application of the accused petitioners for fixing the case for pre-charge evidence instead of for framing the charges has been upheld.2. It may be mentioned at the outset that material facts in this case are undisputed. The relevant admitted facts are that the complainant non-petitioner No. 1 lodged an F.I.R. at PS Mahila-II, Gandhi Nagar, Jaipur on 27-6-2000 whereupon F. I. R. No. 88/2000 was registered for offences under Sections 498A and 406, I.P.C. After investigation, ] negative final report being No. 22/2000 was filed on 26-7-2000. Then, complainant filed protest petition on 6-8-2...
Jagdish Prasad Sharma Vs. State
Court: Rajasthan
Decided on: Jul-03-2006
Reported in: RLW2006(4)Raj3146; 2006(4)WLC450
Harbans Lal, J.1. This criminal revision petition under Section 397 read with Section 401 Cr.P.C. is directed against the order dated 2.4.2005 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur in Sessions Case No. 90/2004 whereby charges for offences under Sections 323, 447 IPC and Section 3(1)(5) of the Act of 1989 have been framed.2. The relevant facts are that of 27.3.2004 an F.I.R. came to be lodged at P.S. Shivdaspura by one Smt. Dhapu Devi W/o Bhanwar Lal Meena to the effect that petitioner Jagdish Prasad Sharma along with one Sanwar Ram and Sita Ram and 22-25 other persons came and forcibly took the possession of the land belonging to the complainant.3. After investigation, the charge-sheet was filed for offences under Sections 323, 447 IPC and Section 3(1)(5) of the Act of 1989 (hereinafter referred in short as 'the Act') against the petitioner and one Sanwar Ram.4. The trial Court after hearing the parties and upon perusal of the materials pla...
Hemant Shesh and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-03-2006
Reported in: RLW2007(1)Raj313; 2006(4)WLC593
S.N. Jha, C.J.1. This special appeal is directed against the judgment and order of the learned Single Judge 1.12.2005 allowing the writ petition of respondent No. 2, Hanuwant Singh Bhati, (hereinafter referred to as 'the respondent') in the following terms:.The respondents are directed to consider the case of the petitioner also for out of turn promotion to supertime Scale of RAS from the year 1995 after granting necessary relaxation as provided under Rule 41 of the Rules of 1954. Necessary consideration be made and decision be taken within thirty days from the date of receipt of certified copy of this order and consequential orders, if required, be passed within 30 days thereafter giving all financial benefits as well to the petitioner including arrears.2. It may be mentioned here that the appellants were not party to the writ petition. They filed this appeal alongwith application seeking leave to appeal contending that out of turn promotion to Super Time Scale to the respondent from ...
Ghanshyam @ Mool Chand Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-03-2006
Reported in: RLW2007(1)Raj301; 2006(4)WLC754
Shiv Kumar Sharma, J.1. Ghanshyam @ Mool Chand, the appellant herein, was put to trial in Sessions Case No.35/1999 before the learned Additional Sessions Judge Neem-ka-Thana (Sikar), who vide judgment dated January 11, 2002 convicted the appellant under Section 302 IPC and sentenced him to suffer imprisonment for life and fine of Rs.20,000/-, in default to further suffer imprisonment for one year.2. The prosecution story is woven like this:On May 18, 1999 the informant Jagdish (PW. 7) finding his son Lala Raff)', aged 12 years, lying dead in the Nala near Railway (Sikar) with the averments that he was a truck driver and had gone to Delhi. On May 16, 1999 he returned from Delhi and saw crowd near Railway crossing. He got his truck halted and reached near the crowd where he found his son lying dead having deep cut on his neck. On that report a case for the offence under Section 302 IPC was registered and investigation commenced. Dead body of Lala Ram was subjected to autopsy, statements ...
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