Court : Rajasthan
Reported in : 1982WLN(UC)98
..... even if this evidence is ignored, still, in our opinion, the offence is amply brought home to the accused by the evidence of p.w. ..... thus, relying on the testimony of the witness homiya, corroborated by partu and further corroborated by the post mortem report, in our opinion, offence is amply proved against the accused.6. ..... thus, the appellant has been rightly convicted for the offence under section 302, i.p.c.7. ..... 8, found the accused guilty for the offence under section 302, i.p.c. ..... the appellant has been convicted for the offence under section 302 i.p.c. ..... it has not been suggested that there was any reason for him to rope the accused for commission of such a serious offence. ..... seizure of pair of shoes of the accused from the place of occurrence, does not in any way lead to connect the accused with the commission of offence. ..... what is to be seen is as to whether there is reliable evidence on record, which may connect the accused with the commission of the offence. ..... learned counsel for the appellant submitted that the evidence of berji does not in any way connect the accused with the commission of the offence. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1991(1)WLN198
..... at the time of framing the charge, the inquiry of the court is limited and the court has to decided whether the facts emerging from the record and the documents constitute the offence with which he is charged, and at that stage, the court is only required to evaluate the materials and documents on record with a view to find-out of the facts emerging therefrom, taken at their face value, disclose the ..... the prosecution, from the record of the case and the documents collected during the course of investigation, filed to show that the ingredients constituting any criminal offence, for which the accused is charged, ore made-out.7. ..... while framing the charge, the prosecution is duty-bound to show from the record of the case and the documents collected during the course of investigation that the facts emerging therefrom constitute the offence for which the accused has been charged.5. ..... the facts mentioned in the complaint may constitute a civil wrong, but so far as the ingredients of the criminal offence under section 406, i.p.c. ..... but in the present case, the complaint was filed by the complainant for offence under section 420, i.p.c. ..... now, i have to see: whether from the existing materials on record the ingredients of offence under section 406, i.p.c. ..... it will be open to the learned magistrate to consider the said question as to whether the offence under section 406, i.p.c. ..... while remanding the case, this court observed that the question as to whether an offence under section 406, i.p.c. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1975WLN(UC)82
..... to causing death:the right of private defence of the body extends under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:firstly - such an assault, as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; ..... it says; that any private person may arrest any person, who in his view commits a non-bailable and cognizable offence or any proclaimed offender, and without unnecessary delay, shall make over any person so, arrested, to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in ..... jaggi alias jagdish, kishanlal, harbans and niranjan were charged and tried by the sessions judge, alwar for various offences jaggi was convicted under section 302, indian penal code for the murder of parma and under section 324, indian penal code for voluntarily causing ..... the learned sessions judge negatived this contention on the ground that the offence of causing injury to mst simbo was committed by jaggi in the presence of parma, and, therefore, parma was entitled, to arrest ..... one year on the second count both the sentences were ordered to run concurrently he, however, acquitted the other accused namely kishanlal, harbans and niranjan for the offences under sections 147, 302/149 and 307/149, indian penal code. d.b. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1991(1)WLN231
..... the learned additional sessions judge, after trial, found the accused muneer guilty for all these offences and sentenced him to undergo seven years' rigorous imprisonment and a fine of rs. ..... but the consent of a minor girl is no consent and the offence under sections 363, 366 and 376, i.p.c. ..... the next ground of attack by the learned counsel for the appellant is that kumari sarla was a consenting party and she is a major one and as she had gone herself with the appellant, no offence under sections 363, 366 and 376, i.p.c. ..... the police, after necessary investigation, presented the challan against accused muneer and the accused-appellant muneer was tried for offence under sections 363, 366 and 376, i.p.c. ..... even from the reading of the statement of pw 1 kumari sarla, it is clear that she was a consenting party and as she was major and being a consenting party, no offence has been committed by the appellant. ..... 2, jodhpur, for offences under sections 363, 366 and 376, i.p.c. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1982WLN(UC)187
..... this appeal is directed against the judgment dated june 10, 3980, passed by the munsif and judicial magistrate, first class, sangaria, whereby the respondents were acquitted of the offence under section 54 of the rajasthan excise act, on merits.2. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ1608
..... submission is that though the prosecution has failed to prove beyond reasonable manner of doubt that it was the appellant who committed such an offence but, at any rate, the prosecution story is accepted in its entirety, even then no case under section 376/511, i.p.c. ..... are substantial contradictions in their statements in regard to seeing the appellant while attempting to commit this offence before he fled away from the place of occurrence when challenged by these witnesses.10. p. w. ..... was challaned for commission of these offences as well but, the learned trial judge did not charge the appellant for commission of these offences and, therefore, he was charged with and tried for commission of offences punishable under section 376/511, i.p.c.8 ..... that madan lal is not the witness of the actual commission of the offence and instead he can be relied to the extent that kum. ..... appellant inspires confidence but, as regards commission of offence of attempted rape, she has, in the end of her cross-examination, clearly stated that she could not see the appellant running away from the 'bara' since he had already run away before she could reach there and, consequently, her statement in regard to actual commission or attempted commission of any offence, her testimony is of no help to the ..... but, any how, the prosecution case also does not claim that there was any completed act of commission of sexual intercourse and, therefore, there was no offence of rape having been committed against kum. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(5)WLC471
..... the reasons mentioned above, the findings of the learned additional sessions judge that the accused appellant committed offence of culpable homicide by hitting back of head of the deceased with stone are liable to be confirmed ..... the accused had knowledge, but no intention that such blow was likely to result in death, it would be held that the offence committed would be culpable homicide not amounting to murder punishable under part ii of section 304 i.p.c. 38. ..... reasons mentioned above, the accused appellant is liable to be convicted for offence under section 304(11) i.p.c- in place of section 304(1) i.p.c. ..... thus, the position in respect of offences under sections 302, 304 part-i and 304 part ii may be summarised as follows: (i) that if the act of the accused is covered by clauses first, second, and third of ..... sessions judge has come to the conclusion that by doing the above act, the accused appellant committed the offence punishable under section 304(1) i.p.c. ..... , the appeal filed by the accused appellant lehru is partly allowed in the following manner: 'the accused appellant is convicted for offence under section 304(h) i.p.c. ..... opinion, the findings of learned additional sessions judge no.2, bhilwara given in his judgment dated 14.5.99 are liable to be confirmed one except one that the accused appellant committed offence under section 304(1) i.p.c. ..... the trial, the learned additional sessions judge no.2, bhilwara convicted the accused appellant for offence under section 304(1) i.p.c. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(3)Raj2372
..... this appeal is directed against the judgment dated 21.6.2002 passed by the learned additional sessions judge, banswara convicting the first appellant shankerlal of offence under section 302 ipc and sentencing him to imprisonment for life and to pay a fine of rs. ..... appellants suresh alias sanju and lalu have been convicted of offence under section 302/34 ipc and sentenced to imprisonment for life and to pay a fine of rs. ..... the conviction of appellant shankerlal is altered from the offence under section 302 to 304 part ii ipc. ..... therefore, in our opinion, he is liable to be held guilty of the offence under section 304 part ii ipc. ..... they are convicted of the offence under section 323/34 instead of section 302/34 ipc. ..... thus, both the appellants cannot be convicted beyond offence under section 323/34 ipc.21. ..... in alternate, it is submitted that the case against the appellant shankerlal does not travel beyond section 304 part ii ipc and as against suresh and lalu, the offence under section 323 ipc.4. ..... after usual investigation, the police laid the charge-sheet against the appellants for the offence under section 302/34 ipc. ..... ajai singh succumbed to the injuries, as such, the police added the offence under section 302/34 ipc. ..... turning to the offence, the appellant shanker has inflicted a single injury, that too, on the back of deceased. ..... 3, the police registered case for the offence under sections. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ3950
..... accused-appellants pawan kumar, mukesh and megh raj were tried by the learned additional sessions judge, ratangarh, for the offences under sections 307, 323, 341 and 504 read with section 34, i.p.c. ..... the conviction of the accused-appellants for the offence under section 504, i.p.c, also, deserve to be quashed and set aside.7. ..... the conviction and sentence of the accused-appellants for the offences under section 307/34,341 and 504, i .p.c. ..... the next question, which requires consideration is: what offence is made-out against the accused- appellant. ..... this appeal is directed against the judgment dated 22-10-94, passed by the additional sessions judge, ratangarh, by which the learned additional sessions judge convicted the accused-appellants for the offences under sections 307/34, 341 and 504, i.p.c. ..... 1 chananiya was wrongfully restrained by the accused-appellants and, therefore, the conviction and sentence of the accused-appellants for the offence under section 341, i.p.c. ..... the next question, which requires consideration is: whether the conviction of the accused-appellants for the offence under section 341, i.p.c. ..... the learned lower court was, therefore, not justified in convicting and sentencing the accused-appellants for the offence under section 307/34, i.p.c. ..... the act done by them may result in the death of the injured and if there is an intention or knowledge coupled with some overt-act in the execution thereof then the accused can be held guilty for the offence under section 307, i.p.c. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ273
..... able to prove all the necessary ingredients of the ' offence under section 304b', ipc so far as appellants gordhan ram and atma ram are concerned, but failed to prove the case against appellant moharan devi beyond reasonable manner ..... , the first two ingredients of the offence under section 304b, ipc are proved ..... for the purpose of proving the offence against the accused-appellants under section 304b, i.p.c, the prosecution has, thus, to establish the following essential facts, namely :-(i) the death of the woman has been caused otherwise than under normal ..... further been contended by the learned counsel for the appellants that the ingredients of the offences under sections 498a and or 304b, i.p.c. ..... after trial, convicted the accused-appellants for the offences under sections 498a and 304b, i.p.c. ..... mangarh, by which the learned additional sessions judge convicted and sentenced the appellants for the offences under sections 304b and 498a, i.p.c.2. ..... the essential ingredients of the offence under section 498a, ipc are that the woman is subjected to cruelty by the husband or the relatives of ..... question, which requires consideration in the present case is: whether the prosecution has been able to prove the case against the accused-appellants for the offence under section 498a, ipc? ..... devi, therefore, deserves to be acquitted of the offence under section 403b, ipc.8. ..... in default of payment of fine further to undergo one month's simple imprisonment for the offence under section 304b, i.p.c. .....
Tag this Judgment!