Court : Rajasthan
Decided on : Jul-19-2006
Reported in : RLW2007(2)Raj1519; 2006(4)WLC488
..... took place in the field belonging to accused party, therefore it cannot be presumed that the appellants had any intention to kill the deceased but it appears that they acted to protect their property. after appellant bhanu was assaulted by the complainant party with sharp and blunt weapons, he had right to defend himself and his property. one ..... section 96 makes it abundantly clear that nothing is an offence which is done in the exercise of the right of private defence. they did not commit any criminal act or to do anything which may be described as unlawful. their object was not to kill the deceased but to protect their property. it may be, that in given ..... right of private defence to thwart the same. in the course of exercise of such right of private defence, the accused who gunned down the mischief makers, has obviously acted far in excess of right of private defence. nonetheless the first degree of right of private defence cannot be denied to the accused.14. in subramani v. state t .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-01-2006
Reported in : 2006CriLJ2096; I(2006)DMC574; RLW2006(2)Raj1123; 2006(2)WLC268
..... the accused.(3) that in exercising his jurisdiction under section 227 of the code the judge which under the present code is a senior and experienced court cannot act merely as a post office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and ..... 'grave suspicion' should connect the accused to the alleged crime.17. thus, there are differences between 'taking of cognizance and 'framing of charge'. of course, both the acts require the application of judicious mind. however, the former is done without hearing both the parties. cognizance is taken without the accused being heard. the latter is done after ..... one. relying on the case of union of india v. prafulla kumar samal and anr. : 1979crilj154 , he has argued that while framing the charge the court should act neither as the mouthpiece of the prosecution, nor as a post office for them. in order to examine whether the ingredients of a particular offence exist or not, the .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-20-2006
Reported in : RLW2006(3)Raj2190; 2006(3)WLC128
..... omission on the part of the prosecution to explain the injuries.19. in the instant case, the appellants sustained grievous injuries on the vital parts of the body, therefore, the act of prosecution witnesses in shying away from the reality and not explaining the injuries, is fatal to the prosecution case.delay in lodging fir:20. the courts have always viewed ..... of rajasthan 2004(1) cr.l.r. (raj.) 467 : rlw 2004(2) raj. 1352, wherein division bench of this court observed as under:in order to determine whether the accused acted in exercise of the right of private defence of property and person it is absolutely necessary to find out who started the assault first. the law does not confer the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-13-2006
Reported in : RLW2006(4)Raj3248
..... the truth of witness. if men have been convicted erroneously on circumstantial evidence, so have they on direct testimony, but is that a reason for refusing to act on such testimony?13. circumstantial evidence is direct evidence merely applied indirectly. when the direct evidence to prove a fact is found to be unreliable, the circumstantial ..... pot to leave any reasonable ground for a conclusion consistent with the innocence of the accused; and(ii) as to show that within all human probability, the act must have been done by the accused.in the appreciation of circumstantial evidence, the law may be taken to be that-(a) the circumstances alleged must be established ..... judge and made following submissions:(i) trial judge failed to consider that since appellant had no motive to kill the deceased, the circumstantial evidence could not be acted upon.(ii) cause of death was not certain. as per the medical report the death could be caused either by administering poison or by asphyxia or by burning .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-09-2006
Reported in : AIR2007Raj49; RLW2007(1)Raj566
..... the dowry amount and items to the petitioner. thus, the petitioner filed an application under section 3 of the muslim women (protection of rights on divorce) act, 1986 (henceforth to be referred to as 'the act' for short).3. the non-petitioner filed the reply to the said application. he claimed that due to the utter poverty of the petitioner's family ..... . it should not be induced by duress, fraud, misrepresentation, undue influence or mistake. it should be made with free consent. section 14 of the indian contract act, 1872 (henceforth to be referred to as 'the contract act', for short) defines the term 'free consent' as consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-15-2006
Reported in : AIR2007Raj42
..... be read in a manner so that it may not be termed as unreasonable or contrary to basic law.16. the rule 7 of rules under the hindu marriage act provides that the petitioner shall implead the person against whom there is allegation of having illicit relations with non-applicant-respondent, but this rule itself also provides that the ..... the other party, after the solemnization of the marriage, held voluntary sexual intercourse with any person other than his or her spouse, that specific act and the occasion when and the place where such act or acts was or were committed together with the name and address of the person with whom sexual intercourse was committed.15. a conjoint reading of sub ..... matrimonial cases are concerned, there is no dispute and there is no dispute that the high court framed the rules under section 21 of the hindu marriage act read with section 14 of the act of 1955.13. the rule 5 provides what should be the contents of the petition. sub-clause (ii) of sub-rule (f) of rule 5 .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-16-2006
Reported in : 2006CriLJ1794; RLW2006(3)Raj2090; 2006(2)WLC529
..... with the help of muscle power money enters in such jati panchayat and exploits the situation for their benefits monetary or otherwise. if such cases are closely analysed, the act constitutes an offence of kidnapping for ransom etc. punishable under section 364-a, i.p.c. people do not have a courage to stand against the caste panchayat. ..... body of her choice and a panchayat was convened for taking vengeance. in the panchayat the father of the girl citing the example of the present incident refused to act on the instructions of the panchayat and the girl is living happily with her husband.9. after having noticed the cruel inhuman behaviour of the caste people and the ..... or any other name.(2) the state government to impress upon one and all in the government in whatever position that any body found patronizing a person involved in criminal act shall be dealt with seriously.(3) the cost of the petition is assessed as rs. one lac, which shall be payable to the petitioners and the victim. the .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-03-2006
Reported in : II(2006)DMC300; RLW2006(3)Raj2115; 2006(2)WLC743
..... that firstly the burden lies on the prosecution to prove the husband's guilt beyond reasonable doubt before assuming presumption against him under section 113-b of the evidence act.9. learned public prosecutor, on the other hand, contended that the learned trial court has considered the oral and documentary evidence and rightly convicted and sentenced the ..... bring it within the purview of 'death occurring otherwise than in normal circumstances'. the expression 'soon before' is very relevant where section 113-b of the evidence act and section 304-b ipc are pressed into service. the prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in ..... has been indicated and the expression 'soon before' is not defined. a reference to the expression 'soon before' used in section 114 illustration (a) of the evidence act is relevant. it lays down that a court may presume that a man who is in the possession of goods 'soon after the theft is either the thief or .....
Tag this Judgment!Court : Rajasthan
Decided on : May-25-2006
Reported in : RLW2006(3)Raj2451
..... of dowry their lordships of supreme court in reema aggarwal v. anupam : 2004crilj892 , indicated thus:the definition of the term 'dowry' under section2 of the dowry act shows that any property or valuable security given or 'agreed to be given' either directly or indirectly by one party to the marriage to the other party to the ..... it was observed as under:demand for dowry neither conceives nor would conceive or any agreement. the word 'agreement' referred to in section2 of the dowry prohibition act, 1961 has to be inferred on the facts and circumstances of each case. the interpretation that conviction can only be if there is agreement for dowry, is misconceived ..... within the purview of 'death occurring otherwise than in normal circumstances'. the expression 'soon before her death' is very relevant where section 113-b of the evidence act and section 304-b ipc are passed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-24-2006
Reported in : RLW2006(2)Raj1036
..... in a district in which, and if they have been executed on or after the date on which, act no. xvi of 1864 or the indian registration act, 1866, or the indian registration act, 1871 or the indian registration act, 1877, or this act came or comes into force, namely:a) xxx xxxb) xxx xxxc) xxx xxxd) xxx xxxe) xxx ..... and objection was taken that it was not admissible in evidence. the court in the circumstances found the case governed by proviso to section 49 of the registration act and held the document admissible in evidence. : [1962]2scr333 (javer chand v. pukhraj surana)(supra)-the hon'ble apex court in the circumstances when unstamped ..... xxxprovided....1a) the documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53a of the transfer of property act, .....
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