Court : Rajasthan
Reported in : 1991(1)WLN333
..... this is the first offence of the accused, therefore, no purpose will be served in sending him in jail after lapse of eleven years specially, in view of the provisions of section 360 of cr. p.c. ..... this is the first offence of the accused. ..... the basic facts are not in dispute that birbal, chainiya, krishna and accused sanwata are convicted under section 325 read with section 34 and 447 ipc for the offence committed on 8.7.1979. ..... the offence was committed on 8.7.1979. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN(UC)290
..... learned counsel appearing on behalf of appellant kan singh has urged that his client has been convicted by the learned additional sessions judge, sikar, for an offence under section 323 indian penal code and has been sentenced to three months' simple imprisonment and a fine of rs. ..... 50/-, or in default to further undergo three months' simple imprisonment, and as it is his first offence he should be given the benefit of the provisions of section 3 read with section 4 of the probation of offenders act as the appellant has already undergone 20 days' simple imprisonment and is prepared to deposit the fine imposed by the trial .....
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN(UC)163
..... learned deputy government advocate has not controverted the argument of the learned counsel for the petitioner that the offence of which the petitioner has been convicted falls within the purview of proviso (i) of sub-section (1) of section 16 of the act, and the question is whether there are any adequate and special reasons for imposing a lesser ..... in this connection, the facts which stand-out are that the petitioner is a hawker, this is his first offence under the act, and he has undergone more than 6 years of agony. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987WLN(UC)220
..... on merit nothing has been argued by shri dhankad but keeping in view all these circumstances and the fact that this is the first offence of the offender and that the incident relates to the year 1978 and it would not be justified to send back the petitioner to jail to undergo the sentence awarded to him after such a long period, i feel it in the ..... the learned magistrate after concluding trial found the petitioner guilty of the offence under section 54 of the rajasthan excise act on 28-6-1983 and convicted and sentenced him to 6 month's s.i. ..... the argument is that this is the first offence of the petitioner and looking on the facts that it relates to the year 1978, he prayed that the petitioner be given benefit of releasing him on probation under section 360 cr. pc.4. ..... in case he repeats this offence during this period of two years, he be taken into custody for undergoing the sentence awarded to him by the lower courts. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(2)WLN706
..... kaushik was that this being the first offence of the petitioner, he should be dealt with leniently and given the benefit of the probation of offenders act, as mst. ..... in case, he repeats any such offence during this period of 2 years, he be taken into custody for undergoing the sentence awarded to him by the lower court and confirmed by this court. ..... i have considered all the arguments of both the learned counsel and also noted the fact this was the first offence of the petitioner. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1990(2)WLN372
..... courts-below are perverse, therefore, the conviction is maintained but looking to the facts and circumstances of the case that driver was not in a pesition to save the accident and further this is being the first offence of the accused-petitioner which has been taken place in march 1976 arid the accused petitioner has also remained in jail for some time, it would not be proper to resent him to jail. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001WLC(Raj)UC438; 2001(1)WLN721
..... of such first information reports which have been registered on the basis of the complaints from which it is not made out that offences under sections 420, 406, 474, 477, 477-a, 467 & 468-a ipc are made out and it appears that if any offences are made out, they are under the companies act and sebi act over which the courts at mumbai have jurisdiction. ..... taken by the petitioners in the matter, therefore, the first information report was lodged at kota which is challenged on the ground that kota had no jurisdiction and consequently no offence is made out from the first information report and that if it is made out, it is under some special acts and not under indian penal code.4. ..... section 173(8) provides some exceptions when there is uncertainty and section 179 provides that when an act is an offence by reason of anything which has been done and of a consequence which has ensured, the offence may be inquired into or tried by a court within those local jurisdiction such thing has been done or ..... , the patna high court held that non-receipt of warrant by shareholder is not a criterion to decide situs of offence or jurisdiction of court and when the offence relates to past dividend warrants, the offence is committed at the place where the office the of the company is situated. ..... hand, learned counsel for the complainant and learned public prosecutor submitted that various offences are made out and that the offences were committed at kota and that the first information reports should not be .....
Tag this Judgment!Court : Rajasthan
Reported in : 1983WLN(UC)364
..... if it is that the accused acted under such a situation, in that case he cannot be held guilty of the offence of murder and he can be held liable for the offence of culpable homicide not amounting to murder punishable under section 304, part i, ipc bhur singh, in the first information report, clearly and categorically states as to why the ..... the appeal of the appellant poonma is partly allowed, the conviction and sentence of the accused under section 302, ipc, are set aside and he is convicted for the offence under section 304, part i, ipc, and sentenced to the period of his custody. ..... the main evidence for connecting the accused with the commission of the offence of murder, is the evidence relating to extra judicial confession, which finds mention in the first information report, lodged by bhur singh on 28-12- ..... in order to connect the accused with the commission of the offences, the prosecution placed reliance on the evidence of the extra judicial confession and on the evidence of recovery of dead body on the information and at the instance of the accused and on the evidence relating to recovery ..... the dead body and other articles belonging to the decased, on the information and at the instance of the accused and also on the circumstance of extra judicial confession, found the accused guilty of the offence under sections 302, 404 and 201, i.p.c. ..... the appellant poonma was convicted of the offence under section 302, 404 and 201, ipc, by the sessions judge, balotra, by his judgment .....
Tag this Judgment!Court : Rajasthan
Reported in : 1997CriLJ1237; 1997(1)WLC745; 1996(2)WLN371
..... judiciously exercised so that in cases where the arrest is not necessary the liberty of the alleged offender should not be taken away without a genuine necessity and in the case of offenders who are likely to abscond or commit offences if not arrested or would likely to obstruct the course of justice or whose arrest is necessary having regard to the gravity of crime, the manner in which the crime has been committed and to all other relevant circumstances ..... and sessions judge has assumed that as soon as the information is given to the police of commission of an offence by an offence whose identity is disclosed in the formation, the police must ordinarily arrest that person. ..... judiciously exercised which means that the police officer must be satisfied that the complaint made to him or the information given to him is credible that the person who is to be arrested is concerned with cognizable offence and there is legal justification for making the arrest. ..... reads as under :-'(a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been ..... judge appears to be labouring under the impression that as soon as the information about the commission of an offence is given to the police the accused persons must be arrested. ..... the dagger from the house of the accused respondent was not held to be sufficiently proved the offence against the accused respondent.8. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1966CriLJ579
..... this case as follows: 'it is open to a magistrate, who entertains a complaint and records a sworn statement to come to the conclusion that although the complaint allegations constitute an offence triable under the warrant procedure yet in fact a minor offence was committed, that he may adopt a summons procedure if the offence appears to be one to which the summons procedure could be applied, and that he may proceed with the case as if the complaint was one of the minor charge ..... no doubt be a good ground for quashing proceedings under the minor section in their early stages; but when there has been no prosecution for the more serious offence and a person has been prosecuted and convicted for the minor offence and the whole case is complete, we see no reason for holding that the conviction is illegal and must be set aside. ..... sobhog mal for the complainant supplementing the arguments of the deputy government advocate contended that even if the offence be held to be triable as a warrant case, yet the trial of the offence in accordance with the procedure prescribed for summons case was a mere irregularity and did not vitiate the trial in the absence of any actual prejudice to the ..... government advocate while opposing the reference contended that the magistrate having taken the case on file under section 426, indian penal code, and having initiated enquiry for an offence under that section, the magistrate acted properly in holding the trial in accordance with the summons case procedure. .....
Tag this Judgment!