Court : Rajasthan
Decided on : Feb-18-1998
Reported in : 1998CriLJ2126; 1998WLC(Raj)UC537
..... stated that there were strained relationship between the accused and the deceased but the evidence falls short of the definition of cruelty as defined in section 498a, i.p.c. thus, the offence under section 498a, i.p.c. is also not made out against the appellant. the accused appellant is acquitted of ..... the presence of two or more police officers.(5) a dying declaration made to a police officer should, under section 162, code of criminal procedure, be signed by the person making it.if it an admitted position of the prosecution that when bhanwar singh reached ..... kerosene and attempted to lit, she could conveniently avoid and could escape, a small hut is not a place where one can die by an act like the present one as alleged. under these circumstances, the possibility of suicide cannot be ruled out. the prosecution cannot be said to be successful ..... after completion of the investigation a charge-sheet was presented, the charges were framed against the accused-appellant under sections 302 and 498a, i.p.c. accused denied the charges and claimed trial.4. to establish its case the prosecution examined 20 witnesses. the accused also led his defence and examined smt. ..... present, be recorded in the presence of two or more reliable witnesses unconnected with the police department and with the parties concerned in the case.(4) if no such witnesses can be obtained without risk of the injured person dying before his statement can be recorded, it shall be recorded in .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-19-1998
Reported in : 1998CriLJ4341; 1999(1)WLC334; 1998(1)WLN49
..... shall be deemed to be a complaint and the police officer by whom such report is made shall be deemed to be the complainant.the definition of 'complaint' requires that the complaint should contain allegations that some person, whether known or unknown, has committed an offence and that it ..... the cognizable offence. in these circumstances, it must be held that the grounds necessary for commencing an investigation, as required by sub-section (1) of section 157 of the criminal procedure code are altogether missing in the case and, therefore, the registration of the first-information-report and commencing of the ..... of facts which constitute such offence', shows that the complain! which may be submitted before the magistrate under clause(a) of sub-section (1) of section 190 of the criminal procedure code must contain not only the allegation that an offence has been committed but should also contain the facts constituting the ..... road, jodhpur and the properties for which the trust had been created included some properties situated in district bareilly (u.p.). shri yukti ramji acted as mahant and managing trustee and he appointed 7 other trustees during his life-time. madhav das (accused no. 1 as shown in the ..... of the indian penal code be quashed.3. the learned public prosecutor has submitted that the allegations made in the first-information-report are vague.4. learned counsel for non-petitioner no. 2 has opposed this petition and prayed that it may be dismissed. it is further submitted by him .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-05-1998
Reported in : 1998CriLJ1511
..... was suggested that his brother moti was convicted by gulab singh who was a relation of the accused respondents. so the relations of the parties were definitely enimical and in the circumstances the learned sessions judge was right in not believing mst. chothi. gena p.w.-8 was declared hostile but has ..... exaggerated even in exarnination-in-chief by saying that she weeded per vagina at the time when-the sexual act was committed because she was having menses. she also stated that her uncle-in-law dhanna had also come and saw the occurence. she admitted ..... the prosecutrix is vital and unless there are compelling reasons which necessitated looking for corroboration of her statement, this court should find on difficulty to act on the testimony of victim of sexual assault alone to convict the accused where her testimony inspires confidence and is found to be reliable. the ..... felled heron the ground and committed rape with her. according to her statement it was nahar singh who first did the nefarious act and thereafter chell singh performed the same act. according to her dhanna her uncle-in-law had come over there whom the accused respondents saw and ran away. she ..... was narrated and then the matter was reported to the police. the case under section 376, i.p.c. was registered. during investigation 'ghaghara' of mst chothi was seized vide ex. p-6. site was inspected and plan ex. p-4 was prepared. mst. chothi. was medically examined. nahar singh was also medically .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-13-1998
Reported in : (1999)IILLJ123Raj
..... the parties his application was rejected by an order dated december 20, 1996 (annex. 7). that order was challenged by way of appeal under section 17 of the act before the appellate authority which was also dismissed. aggrieved of the same the petitioner has filed this writ petition under articles 226/227 of the constitution ..... no. 3 shri mana ram was working with the petitioner as his truck driver. he submitted an application under section 15(2) of payment of wages act, 1936 before the authority under the payment of wages act, pali on july 26, 1993 inter alia contending that he was not paid wages of rs. 12,600/-. ..... orders passed by the authority as well as by the appellate authority be set aside and the matter be remanded to the authority under the payment of wages act.4. in case of malkiat singh (supra) the appellants (accused) were tried for murder of one harpal singh and on conviction, they were sentenced to suffer ..... that he came to know about the ex parte order dated january 3, 1996 and notice dated may 15, 1996 only on october 4, 1996, therefore, when s.d.o. bali came for recovery of said amount he immediately contacted his counsel shri bhagirath chandora on october 23, 1996 and ..... of the employee on december 27, 1995 the ex parte decree/order was passed on january 3, 1996 for the sum of rs. 12,225/- (annex. 4) and later on notice dated may 15, 1996 (annex. 5) was issued for payment of said amount.2. it is the case of present petitioner-employer .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-17-1998
Reported in : [1999]98CompCas125(Raj)
..... should be granted or not.' in central bank of india v. elmot engineering company [1994] 81 comp cas 13 ; [1994] 4 scc 159 leave under section 446 of the act was refused by the bombay high court on the ground that defending by the liquidator at a far off place would be a wasteful ..... leave shall be subject to the following conditions :(1) the applicant will undertake to discharge the liability due to the workmen, if any, under section 529a of the act to the extent of the amount realised from the assets of the company. (2) the applicant-bank will intimate the official liquidator from time to ..... aspect i am of the opinion that it is difficult to lay down a strait-jacket formula to exercise discretion for granting leave under section 446(1) of the act. it would depend on the facts and circumstances of each case. undoubtedly, the interest of a secured creditor and the fact of ..... deserve to be granted or that the proceeding is required to be transferred to it for disposal. it may be pointed out that sections 529 and 529a of the act do contain provisions in so far as the priority of secured creditors' claims is concerned. of course, the company court would not ..... 484 (raj) (company application no. 38 of 1996), decided on august 29, 1997, this court has examined the question of granting leave under section 446(1) of the companies act to the applicant-bank which is a secured creditor, after examining various decisions and relevant provisions, this court has observed and held as under (page .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-01-1998
Reported in : 1999CriLJ1399
..... been produced by the prosecution to establish that the deceased veerpal kaur has filed any case for divorce and when the prosecution has come with a definite case that the motive was asking of the divorce and when no divorce case has been filed, therefore, the prosecution case should not be believed.10 ..... intention of the killer. some times the injury may fall short of graveness and may remain a simple injury alone.25. as regards the offence under section 460, i.p.c. the learned public prosecutor appearing for the state has candidly admitted that there was no element of lurking house trespass so as ..... witness who was present as the scene of occurrence at the time of the incident is withheld then it cannot be said that the prosecution has acted fairly.14. it has also been stressed on behalf of the accused appellant that there are material contradictions in the statements of the eye-witnesses. each ..... is not deep enough so as to disable the already known persons to identify the assailant. the injured eye-witnesses pw-3 manjeet singh and pw-4 rajani themselves were assaulted. in this background it cannot be said that the witnesses had no occasion to identify the assailant. the household lights were ..... women after getting hurt tried to rescue themselves and in the process ran outside the gate and fell on the road and succumbed to the injuries.4. the accused did not stop there and went inside the room where her younger brothers sukhdev and manjeet were sitting. he caused fatal injuries to .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-20-1998
Reported in : 1999CriLJ5051
..... effect of those circumstances relied upon by the learned additional sessions judge negatived the plea of innocence of accused appellant khuma and serves as a definite pointer towards his guilt and unerringly leads to the conclusion that within all human probability, the offences alleged against him by the prosecution agency ..... laxmi to have been last seen alive in the company of accused-appellant khuma before her death, is beyond the scope of section 60 of the evidence act which prohibits hearsay and opinion of a witness unless he or she is an expert witness. the learned trial court has committed ..... alias meera and threw their dead bodies in the well of pw 3 abhey singh.48. the learned trial court while dealing issue no. 4 recorded a positive finding that the prosecution failed to establish motive alleged by it regarding rape of deceased laxmi by accused-appellant either from the ..... in cross-examination admitted that he did not know correctly whether accused appellant khuma remained in village mori from sunday to friday i.e. 28-4-1997 to 3-5-1997.46. the cases where the case of prosecution rests purely on circumstantial evidence, motive undoubtedly assumes paramount consideration in ..... should be conclusive in nature;(3) all the facts so established should be consistent only with the hypothesis of guilt and inconsistent with the innocence;(4) the circumstances should, to a moral certainty, exclude the possibility of guilt of any person other than the accused.[vide rama nand v. state .....
Tag this Judgment!Court : Rajasthan
Decided on : May-27-1998
Reported in : 1998CriLJ3883
..... and if the statements of p.w. 9 jawana ram, p.w. 2 bajrang singh are seen then it is clear that they have definitely stated in their statements that the place where the heap of wood was situated was the place where the complainants were in possession.37. the ..... to sugnai and jawana ram also. the injuries sustained by the injured persons are simple in nature. therefore, the accused persons are held guilty under section 323, i.p.c. according to the allegation of sugnai she was assaulted when she was in dhani. therefore, the accused persons are also guilty ..... private defence of property is available to the accused and subsequent conclusions of the learned sessions judge that the accused are guilty of offence punishable under section 323, i.p.c. are sustainable or not.36. the learned sessions judge while discussing the question of possession of khasra has discussed the ..... the learned sessions judge was right in holding that the accused appellants had the right of private defence of property and, therefore, their conviction under section 323, i.p.c. is also bad.25. learned public prosecutor arguing the state appeal has contended that the learned sessions judge is palpably wrong ..... of offenders act.3. the four accused appellants challenged their conviction by appeal. accused kana had not challenged the conviction. the state assailed the acquittal of all the accused persons and contended that their acquittal under section 302, i.p.c. and 302 read with section 149, i.p.c. was improper.4. we .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-15-1998
Reported in : II(1998)ACC232; 1998ACJ959; 1998WLC(Raj)UC467; 1998(1)WLN26
..... and affection to son. the son who was only 10 months infant at the time of death of his father would always lack the love and affection of the father.4. in my opinion, the minimum consortium which should be given to the widow who is about 23 years of age should be not less than rs. 20,000/- and similarly .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-05-1998
Reported in : 1998(1)WLN205
..... court answered the reference as under:(1) under clause (b) of the definition of tenant contained in sub-section (vii) of section 3 of the act, the surviving spouse, son, daughter of the deceased tenant is entitled to the protection of the act without his being required to fulfil the conditions laid down in the latter part ..... premises.(2) the decisions of the court construing clause (b) of the definition of tenant contained in sub-section (vii) of section 3 of the act wherein it has been held that the surviving spouse, son, daughter can avail the protection of the act only if they fulfil the conditions laid down in the latter part of ..... it will not be out of place to mention that the land lord himself in another suit instituted by him against tenant bodh raj under section 6 of the act for fixation of standard rent in the court of civil judge (junior division) alwar, moved an application for impleading the sons and widow of ..... for a period of 11 months. after expiry of the said period the lease was terminated by the land lord by a notice under section 106 of the t.p. act but she remained in possession and continued to carry kirana business in the shop. she died in september 1966. the action for ejectment ..... to be dismissed.3. learned appellate court took seven and half years time to decide the said application.4. before adverting to the rival contentions it will be useful to refer section 3(vii)(b) of the act which recites thus-3 (vii) 'tenant' means:(a)....(b) in the event of death of the .....
Tag this Judgment!