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 : Jan-20-1998
Reported in : 1998(3)WLC7; 1998(1)WLN60
..... husband of pemi. khusala ram has of course, not been able to say as to why the relations of the deceased and accused were strained but he definitely says that their relations were not good. smt. pemi, being sister-in-law of the accused, could certainly know as to what was in the mind ..... purpose. the police statement can be used by the accused and by the prosecution only to contradict a witness in the manner provided by section 145 of the indian evidence act. urja ram was not examined by the prosecution and he had also not given statement contrary to the police statement recorded during investigation and ..... 5 bhoma ram, sarpanchas, also reached there. first information report was lodged by amana ram, uncle of the deceased, at 4.30 p.m. on 3.6.1980 on which a case under section 302 ipc was registered. the police rushed to the spot, held the inquest, inspected the site and interrogated the witnesses. ..... wound 3 cm x 1/2 cm into bone deep obliquely placed from left angle or mouth with laceration of gums of lower jaws and missing of premolars (4, 5), blood clots present.the medical officer says that the injuries could be caused by the weapon 'jharbar' (article 9). dr. sangatramani also says that ..... one.a. opportunity to commit crime and accused seen going to the enclosure and returning therefrom.9. to prove this circumstance, the prosecution has examined pw 4 meera. the mother of the deceased. smt. meera deposes that the was sleeping in the court-yard and in the mid-night she saw the accused .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-21-1998
Reported in : 1998CriLJ2135; 1998(2)WLC460; 1998(1)WLN70
..... 10. it is significant to point out that there was no other material on record against the detenu excepting his statement under section 67 of the n.d.p.s. act. no recovery of narcotic substance was made from him. as such the retraction of the statement by the detenu at the earliest ..... singh, detenu detained by the respondent no. 1 vide order dated 4th of april, 1997 under section 3(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 for short pit ndps act. the detention has been challenged inter alia on the ground that the detenu was granted bail vide ..... it was the detaining authority that had to consider the relevant material before taking a decision whether it was necessary to detain the appellant under the cofeposa act. that was not done and there was, therefore, a clear non-application of mind by the detaining authority to relevant material. unfortunately, the high ..... the narcotic control bureau was not aware of the application. even the factum of retraction of confession was mentioned in the bail application filed on 4-12-96, the copy of which was supplied to the public prosecutor conducting the case. it was the duty of the public prosecutor or the ..... the application dated 25-10-96 indicates that the detenu had moved the application with definite purpose of retracting the confession before the court, in which he was facing trial for the offence under n.d.p.s. act.8. it is true that the retraction application was not sent before the detaining .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-22-1998
Reported in : 1998(3)WLC22; 1998(1)WLN74
..... of the deceased government servants. for the purposes of the rules, 'deceased government servant' means a government servant who dies while in service. the definition of 'family' reads as under:family means the family of the deceased government servant and shall include wife or husband, sons and unmarried or widow ..... servant, who were dependant on the deceased government servant.6. there is force in the contention of the learned counsel for the petitioner that the definition of the 'family' nowhere mentions complete dependency of the family member seeking an employment on the deceased government servant.7. rule 5 of the ..... as to whether the applicant, a seventeen years old person, not competent to maintain himself, could file a claim for maintenance under the provisions of section 125 of the code of criminal procedure, against his mother, who was in service and died in harness. the father, being natural guardian, could ..... the submissions made by mr. singhvi-learned counsel for the respondents-to the effect that the government has correctly understood how the provisions of the act have created the confusion and the government took a decisions in proper perspective and issued the circular. the state government has issued a circular ..... for the parties and we find no force in the appeal. the judgment of the learned single judge is up-held. the appeal is dismissed.4. however, the respondents have placed reliance on the judgment of the hon'ble mr. justice b.j. shethna dated 7.1.1997 passed in .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-29-1998
Reported in : 1998CriLJ1597; 1998(2)WLC206
..... not injured. the vaginal orifice was too small and did not even admit little finger. the medical officer was of the definite view that it was an attempt to commit sexual intercourse. the act of the accused, therefore, amounted only to an attempt to commit rape. but in the present case the age of ..... force was not used and it remained intact due to slight degree of penetration. even the slight degree of penetration is sufficient to constitute the offence under section 376, i,p.o. taylor's principles and practice of medical jurisprudence edited by a. keith marit (thirteenth edition) also deal this on page 7 ..... of prosecutrix dr. sharma opined that the age of the prosecutrix was 12-13 years. a school certificate was obtained from sri guru nanak girls senior section school, sri ganganagar in which her date of birth was mentioned as 31-8-82. after completing the investigation, charge-sheet was submitted against the ..... was lodged by om prakash maternal uncle of the prosecutrix at 6.30 a.m. on 22-5-95 at police station, sangariy a where offences under sections 363, 366 and 376, i.p.c. were registered for investigation. the site inspection map ex. p-3 and inspection note ex. p-3a were ..... statements under section 313, cr.p.c. the appellants stated that they have been implicated in a false case because they reported against om prakash the maternal uncle of the prosecutrix for running a gambling den.6. the prosecution examined the prosecutrix annu alias anju pw 7, dr. sushila choudhary pw 4 and dr. .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-02-1998
Reported in : AIR1998Raj153
..... to produce secondary evidence, the court is required to satisfy itself whether the document sought to be produced falls within the definition of secondary evidence as defined in section 63 of the evidence act. in the instant case, the document in question appears to be a photostat copy of its original assessment order but ..... been presumed that the original was with the witness but before according permission to lead secondary evidence, a notice under section 65 of the evidence act ought to have been given to the witness requiring the production of the document in original. in the instant case, no notice was ..... has not stated a single word about the fact as to whether the plaintiff-non-petitioner was entitled to produce the secondary evidence. section 65 of the evidence act contains the cases in which secondary evidence relating to documents may be given. looking to the nature of the document, it could have ..... to cross-examine dw 1 amarjeet singh with reference to the copy of the assessment order for the year 1980-81 filed by the plaintiff under section 65 of the evidenceact.2.1 have beared mr. a.k. acharya the learned counsel appearing for the defendant-petitioner and mr. bhupendra bhatnagar, ..... was not entitled to produce the photostat copy of the alleged assessment order' for the year 1980-81 and to confront it to the witness.4. the learned counsel for the non-petitioner has supported the impugned order on the ground that the assessment order related to the witness and he .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-02-1998
Reported in : AIR1998Raj103; 1998(1)WLN118
..... the revenue court or is impliedly cognizable by a civil court, the cause of action of the suit has to be strictly scrutinized and where on a definite cause of action two or more reliefs can be claimed, which of the relief is the main relief and which relief or other reliefs is/ are ..... case, the marriage was nullity as it was found to be in contravention of the provisions and conditions, specified in clause (1)(iv) and (v) of section 5 of the hindu marriage act, 1955.12. any agreement providing for wagering is void as it is hit by public policy and would be hit by the provisions ..... that case, the controversy was that the document, on which reliance was placed, had not been registered at the proper place as required under section 28 of the registration act. the said judgment is of no help to the petitioner because the board of revenue itself proceeded with the presumption that it was a voidable ..... an aid facilitating the carrying out of the object of other agreement, which, though void, is not in itself prohibited within the meaning of section 23 of the contract act, it may be enforced as a collateral agreement. if, on the other hand, it is part of a mechanism meant to defeat what the ..... of competent jurisdiction, the revenue court itself can refer the matter to the civil court for adjudication on such issues as is required under section 239 of the tenancy act.7. the issue involved in this case has been considered from time and again before the courts and basically the issue is to be .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-03-1998
Reported in : AIR1998Raj100; 1998(1)WLC725; 1998(1)WLN131
..... banking company by fiction as it is engaged in banking business, yet it does not become a 'company' formed and registered under the companies act. as such, in the definition of 'bank' in clause (d) of section 2 of act no. 51 of 1993, a cooperative bank does not fall in the category of a 'banking company.' it is significant to point out ..... substituted obviously for 'the limited purpose of the application of the provisions to the cooperative institutions. finding 10. the crux of the matter is whether section 56(a)(i) changes the definition of 'banking company' given' in section 5(c) of the original act (no. 10 of 1949). it is, of course, there that the opening words of clause (a) are 'throughout this ..... withdrawn the revision filed under the provisions of the rajasthan act of 1965 and that by virtue of section 56 of the banking regulation act, 1949, the co-operative bank is included in the definition of 'banking company,' and therefore, the tribunal established under the act of 1993 only can adjudicate the dispute between the parties.4. the learned single judge vide order dated 10th november ..... , 1907 dismissed the writ petition holding that the co-operative bank does not court in the definition .....
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 : Feb-13-1998
Reported in : 1998CriLJ2498
..... intention of the whole lot of people who gathered may not have seen beyond causing grievous hurt to the deceased but the accused-appellant has definitely exceeded the common intention as has been rightly held by the trial court. he has mercilessly twisted the neck of the old man resulting ..... accused had beaten the deceased either by stones or by arms etc. the effect of injuries has been described to fall under the offence under section 325, i.p.c. no lethal arms were used by the accused persons. the solitary distinguished part attributed to the present appel-lant is ..... have served out the sentences awarded to them. therefore, they have not appealed against the judgment. the accused appellant who was convicted and sentenced under section 302, i.p.c. has filed the present appeal before this court.2. the prosecution was initiated on the strength of a report lodged by ..... incident. when the other accused persons have only been convicted under sections 323 and 325 read with section 149, i.p.c. then a specific case under section 302, i.p.c. could not have been made against the accused-appellant.4. learned counsel for the appellant has further stressed that according to ..... the witness p.w. 10 kanna the deceased has not succumbed to his injuries soon after the incident. when he-left the site, he was still breathing and therefore, it was not an instantaneous death due to the injuries alleged to have been inflicted by the act .....
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