Court : Rajasthan
Reported in : 1949CriLJ1003
..... the defence did not contend that any of the witnesses were deliberately kept back. though the learned judge was justified in having recourse to section 288, criminal p. c. and section 83, evidence act, i think the mazkuri who is said to have taken the summonses for service to these witnesses should have been examined in court, ..... to secure the presence of these witnesses without unreason. able delay, their evidence was taken or the record of the sessions court under section 288, criminal p. c. read with section 33, evidence act the objection advanced by defence counsel of this point having been overruled. it is no doubt unfortunate that the principal prosecution witnesses and ..... of mohammad murad who has been found guilty by the sessions judge, ajmer-merwara, by his order dated 6th may 1948, of the offence of murder under section 302, penal code, and sentenced to undergo transportation for life. when the case was originally sent up to the court of the committing magistrate, seven persons were .....
Tag this Judgment!Court : Rajasthan
Reported in : 1950CriLJ90
..... , has ordered that the detenus should remain in custody until further orders. it is clear to me that by providing the safeguard contained in section 3(4), punjab public safety act, the legislature intended that the recommendation or report of the original arresting authority should come under the examination and scrutiny of a higher authority i ..... or about 24th july 1948 recommending to him that all these nine detenus may be detained in custody by the provincial government until further orders under section 3 (4), punjab public safety act. on receipt of this police report, the district magistrate, ajmer-merwaram sent the papers to the chief commissioner, ajmer-merwara, with a recommendation ..... me on fcehalf of these nine detenus in these applications is that as the initial order of arrest was not passed under the provisions of section 3 (1), punjab public safety act, 1947, therefore their detention is wrong and illegal, and so the detenus should be set at liberty. but i think there is no .....
Tag this Judgment!Court : Rajasthan
Reported in : 1950CriLJ209
..... , and 5 of the session judge's judgment. the murder of ishwari prasad, who was a clerk employed in the oriental life assurance company, limited., at ajmer, is alleged to have taken place in daylight on a public road in balupura eoad, ajmer, at about 1-15 ..... . i therefore think, it is clear from the evidence that the offence was one of murder, and not the lesser offence under section 326, penal code.15. coming to the question of sentence, the learned sessions judge has in awarding the lesser sentence taken into ..... hospital, ajmer, before he succumbed to his injuries. it is alleged the accused absconded after the murder. the polios took action under sections 87 and 88, criminal p.c. and it was on 4th july 1047 that they were able to arrest him. the accused's ..... that 'he was handing over wheat for being ground' when he saw the occurrence. for even if he was actually in the act of handing over his wheat to the man in the mill, it does not necessarily follow that it was impossible for him .....
Tag this Judgment!Court : Rajasthan
Reported in : 1949CriLJ583
..... fact that there were different groups of persons moving about shouting slogans which amounted to incitement to violence would not be enough for bringing the case of asnad under sections 143 and 149, penal code. all the different groups cannot be said to have one common intention or purpose. there were several other inoidents in the looality ..... . the learned counsel for the appel. lant contends that the injuries on the head of the deceased were simple and if asnad is held responsible for any of the injuries on the head he could be convicted only under section 324, penal oode. the learned public prosecutor urges ..... section 149, penal code read with 8. 302, penal code.9. i have, however, held that he actually participated in the assault. the medical testimony show that some injuries were caused by the palta which was in his hand, asnad'a subsequent conduct abo points to the same conclusion. he would, therefore, be at least liable for his own acts .....
Tag this Judgment!Court : Rajasthan
Reported in : 1949CriLJ400
..... with any public servant. ,it is not one of its ingredients that a public servant must be in a position to do some official act at the time. this could not be read into the language of the section. all its ingredient would exist if an illegal gratification is accept? ed as a motive or as a reward for doing or forbearing ..... a public servant who accepts the bribe as a motive or as a reward for doing or for forbearing to do any. official act even though he is not in a position to do it> would be guilty under section 161. in the nagpur case this view was followed in the case of a public servant who was in the same position ..... direct concern with cloth control. but if they accepted illegal gratification as a motive or reward for forbearing to do acts which they were not in a position to do at the time their case would still be covered by the section. this view taken by the allahabad, lahore and bombay courts was later on followed in a nagpur ease reported in .....
Tag this Judgment!Court : Rajasthan
Reported in : 1950CriLJ227
..... under the orders of the adl ditional district magistrate. he was ordered to be detained in custody for a month. that period has expired and the provincial government acting under section 3 (4), has directed his detention in custody until further orders.3. mr. b. d. sharma for the petitioner urged that the arrest and detention of ..... i am not called upon to express my opinion, whether the grounds were sufficient or not. suffice it to say that the additional district magistrate has acted in accordance with section 8 and therefore the arrest and detention of the petitioner cannot be said to be illegal.6. mr. b. d. sharma next argued that the ajmer ..... criminal p.c. could not come to the help of the additional district magistrate and directed the detenue to be released. here the position is different. section 3, punjab public safety act authorizes the provincial government, the district magistrate or any servant of the crown empowered in this behalf by the former to arrest and detain any persons, .....
Tag this Judgment!Court : Rajasthan
Reported in : 1950CriLJ799
..... put on flesh and his further observation more than 3 months later, to the effect that the disfiguration was not very noticeable, cannot take the offence beyond the mischief of section 326. both the courts below have held that the petitioner did commit this offence and in my opinion that finding must stand.3. in the next place, learned counsel ..... mathur for the petitioner, argued firstly that the offence, if any, was one under section 321, penal code and not under section 326. he elaborated this point by reference to the statement of dr. srilal, sub-assistant surgeon, to the effect that there were no marks of disfiguration on ..... orderramabhadran, j.c.1. the petitioner was convicted by mr. e. d. mehta, first class magistrate, of an offence under section 326, penal code, and sentenced to undergo 6 months rigorous imprisonment. an appeal was dismissed by the learned sessions judge. hence this revision petition.2. mr. c. p. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1950CriLJ771
..... doubt, was in regard to the affairs of labour and came within the definition of ' labour meeting'. the applicant accordingly has rightly been convicted under section 19, punjab public safety act.6. the applicant has been sentenced to undergo two months' rigorous imprisonment. the sentence certainly is by no means excessive and, if at all, errs ..... b. 10 (2) of the code. the additional district magistrate in the present case thus was fully empowered to have passed the order under section 4, punjab public safety act.5. the question now that arises for consideration before the court is whether the applicant had disobeyed the order by attending a labour meeting. the ..... .1. this is an application in revision by gyani kartar singh from the order of mr. abdul kauf, magistrate, 1st glass, ajmer, convicting him under section 19, punjab public safety act (li [2] of 1947) as made applicable to the province of ajmer. merwara and sentencing him to undergo two months rigorous imprisonment. his appeal before .....
Tag this Judgment!Court : Rajasthan
Reported in : 1950CriLJ877
..... of the story.4. the applicants admittedly had been directed neither to attend nor to take part in any movement subversive of law and order under section 4, punjab public safety act. they in spite of this joined a procession, wherein slogans, with a view to creating public disturbance and inciting labourers to action were shouted. their ..... of bs, 200.2. the case of the prosecution was that the applicants had been served by the district magistrate with written notices under section i, punjab public safety act prohibiting them from attending or taking part in any labour meeting or in any movement subversive of law and order and that they inspite thereof attended ..... from the order of mr. d. n. roy, sessions judge, ajmer-marwara, ajmer, dated 3rd june 1949, in appeal maintain, ing their conviction under section 19, punjab public safety act (n [2] of 1947) as made applicable to the province of ajmer-merwara and reducing their sentences each to three months' rigorous imprisonment and a fine .....
Tag this Judgment!Court : Rajasthan
Reported in : 1950CriLJ864
ORDERAtma Charan, J.C.1. This is an accused's application for transfer of the case pending against them from Ajmer to Beawar. The application has been made mainly on the ground of convenience to the parties.2. It is an admitted fact that the applicants have not approached the District Magistrate in the matter first. When a remedy was open to the applicants in a lower Court there was no reason as to why they should have come up straightway before the higher Court, If there were any special reasons that prompted the applicants not to go to lower Court first, then they should have given those reasons. It has been held time after time by different High Courts that before an application is made to the High Court for transfer of a case the District Magistrate must be moved first. The High Court would not ordinarily entertain an application for transfer when the applicant could under the law have moved the District Court for the same relief and has not done be. The High Court would interfere ...
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