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Bhanwara Ram and ors. Vs. State of Rajasthan

Court : Rajasthan

Reported in : 2001CriLJ3230

..... the last contention of the learned defence counsel was that there being no enmity between the parties and no motive to commit murder of dhannaram, at the most offence under section 304, part-ii, ipc may have been committed by sher singh and that of 325, ipc may have been committed by accused bhanwara ram. ..... for the reasons stated above, we accept this appeal in part, set aside the conviction and sentence awarded by trial court and convict accused pappu singh only for offence under section 447, ipc, accused bhanwara ram for offence under sections 323 and 447, ipc and accused sher singh under sections 304, part-ii and 447, ipc. ..... if not required in any other offence, he be released forthwith. ..... the offence caused by sher singh at the most could be under part-ii of section 304, ipc.35. ..... hence, offence would be one under section 304 part-ii ipc and not under section 302, ipc.33. in k. ..... court has held that section 34 lays down the rule of joint responsibility for criminal act performed by a plurality of persons and even mere distance from the scene of crime cannot exclude the culpability of the offence. .....

Mangi Lal Vs. State of Rajasthan

Court : Rajasthan

Reported in : RLW2009(2)Raj1711

..... for these reasons criminal appeal filed by the accused appellant mangi lal stands dismissed.the conviction of the accused appellant in the offence under section 334 of ipc and the order of releasing him on probation of good conduct under section 4 of the probation of offenders act, ..... of trial, the learned trial court did not find him guilty for the offence under section 307 of ipc and thus acquitted him of this charge but found him guilty in the offence under section 334 of ipc and convicted him thereunder as indicated hereinabove.6. ..... trial court, while discussing the prosecution evidence and relevant documents at length arrived at a conclusion that the offence under section 307 of ipc was not proved beyond reasonable doubt. ..... this appeal is to the judgment dated 4th may 1987, rendered by the sessions judge, jhalawar whereby the accused appellant mangi lal was convicted in the offence under section 334 of ipc and released on probation of good conduct.2. ..... the accused mangi lal was indicted for the offence under section 307 of ipc who pleaded not guilty and claimed ..... the prosecution has been able to establish the offence under section 334 of ipc against the appellant beyond ..... the finding of conviction of the appellant in the offence under section 334 of ipc is quite just and proper and cogent with which i ..... the learned public prosecutor has submitted that if the offence under section 307 of ipc was not proved the appellant could be convicted for an offence of lesser degree by the court. .....

Abdul Quddoos Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1988(1)WLN455

..... is an appeal against the judgment of the learned special judge, anti corruption cases, rajasthan, jaipur dated 30 6-1976 whereby the learned judge has held the accused-appellant guilty of the offence under section 5(1)(d)(2) of the prevention of corruption act and section 161 ipc and has sentenced him to two and half years rigorous imprisonment on the first count together with a fine of ..... and submitted before him a written report against the accused mentioning therein that the accused has demanded illegal gratification from him to delete certain offences from the charge-sheet that was due to be filed against him. ..... this amount was, being given to the accused for deletion of certain offences against the complainant in the challan which was to be filed by him ..... that the other offences have already been deleted and so, no illegal gratification could have been demanded or paid for deletion of other offences from the challan papers ..... thus, it is clear that the offences under sections 147, 451 and 504 ipc were already deleted from the challan by these ..... that initially the sho after conducting necessary investigation released him on bail, after deleting the offence under section 45 ipc. ..... gratification for deleting certain offences against the accused i.e. ..... the offences under sections 147 and 451 ipc ..... result, i accept this appeal, set aside the conviction and sentence of the accused appellant under section 5 of the prevention of corruption act and section 161 ipc and acquit him of the above offences .....

Ratan and ors. Vs. State of Rajasthan

Court : Rajasthan

Reported in : 2001(2)WLC733; 2001(4)WLN581

..... in assailing the conviction, the learned counsel for the accused appellant has argued that learned trial court acquitted all the accused appellants of the offence under sections 447, and, therefore, the accused persons cannot be said to have reached the complaint party at the place where they were irrigating their fields, but on the contrary, it was the ..... observed that there is no justification for the assertion that the giving of a solitary blow on a vital part of the body resulting in death must always necessarily reduce the offence to culpable homicide not amounting to murder punishable under section 304, part ii of the code. ..... of the evidence act and the report of fsl indicating the presence of human blood on the recovered articles, it has been proved beyond any shadow of doubt that the accused persons are guilty of the offences charged with and the learned trial court has rightly convicted them.12. ..... and sawra ram @ sawarmal arises out of the judgment and order dated september 7, 1998 passed by the learned additional sessions judge, kishangarh (ajmer), thereby holding the accused appellants guilty for the offence under section 302 read with section 34 and 323 read with section 34 i.p.c. ..... the conviction and sentence awarded to the appellants for offence under section 302 read with section 34 and section 323 ipc ..... of trial, the learned additional sessions judge having found the accused appellants guilty of the offences charged with, convicted and sentenced them as aforesaid.6. .....

Ganga Ram and ors. Vs. State of Rajasthan

Court : Rajasthan

Reported in : 2002(2)WLN688

..... are liable to be set aside and their appeal is liable to be allowed and the accused appellants lehru, moti and shankar lal are liable to be acquitted for the aforesaid offences.for the reasons mentioned above, the present appeal filed by the accused appellants moti, lehru and shankar lal is allowed and judgment and order dated 10.11.1986 passed by the learned additional sessions judge, ..... against the accused appellant shankar lal and for offence under sections 366, 147, 447, 323 and 342 i.p.c ..... and accused appellant shankar lal is acquitted for offence under section 368 i.p.c.since accused appellants are on bail, they need not surrender ..... set aside and the accused appellants moti and lehru are acquitted for offence under sections 366, 342 and 447 i.p.c. ..... , findings of learned additional sessions judge by which he convicted the accused appellants lehru, and moti for offence under sections 366, 342 and 447 i.p.c. ..... the conclusion of the trial, the learned additional sessions judge vide his judgment and order dated 10.11.1986 convicted the accused appellants ganga ram, moti, lalu, and lehru for offence under sections 366, 342 and 447 i.p.c. ..... but convicted accused appellants lehru, lalu, moti and ganga ram for offence under sections 366, 447, and 342 i.p.c. ..... additional sessions judge has clearly observed that the prosecution has not been able to prove how she received these injuries, therefore, he acquitted the accused appellants and four other accused for offence under section 323 i.p.c.15. .....

Ram Singh and anr. Vs. State of Rajasthan.

Court : Rajasthan Jaipur

..... the accused appellants ram singh and kesar singh, both sons of omkar singh were convicted for the offence under sections 147 and 148 ipc and sentenced for one year simple imprisonment and a fine of rs.500/- each, in default of which to further undergo one month simple imprisonment. ..... the trial commenced after framing of charges against all the accused persons for the offences under sections 120b, 147, 148, 302/149, 307/149 ipc, section 3/25 and 5/27 of the arms act. ..... on the said parcha-bayan, a first information report came to be registered against 29 persons for the offence under sections 147, 148, 149, 302, 324 and 323 ipc. ..... further, the appellants were convicted for the offence under section 302 read with section 149 ipc and sentenced for imprisonment for life and a fine of rs.1,000/- each, in default of which to further undergo three months simple imprisonment. ..... on conclusion of trial, the learned trial court convicted and sentenced 24 accused persons for the offence afore-mentioned. .....

Rajesh Purohit @ Bholiya Vs. State

Court : Rajasthan Jodhpur

..... (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being influenced; and (viii) danger, of course ..... the first contention of the learned counsel for the petitioner in this case is that the proceedings for the offence under section 17b of the act cannot be continued against the petitioner because no complaint has been filed by ..... vehemently urges that as there is no complaint of the drug inspector and as no sanction to file the complaint has been procured, the proceedings against the accused for the offence under section 17 of the drugs and cosmetics act are absolutely illegal and an abuse of the process of the court. ..... he submitted that by virtue of section 32 of 5 the drugs and cosmetics act and the rajasthan drug rules, the cognizance of an offence under section 17(b) of the drugs and cosmetics act cannot be taken except upon a complaint filed by the authorised officer in this regard and as no complaint has been filed, the whole of ..... the bail the court has also to consider the gravity and nature of the offence, prima facie case against the accused, the position and standing of the accused, .....

Ratna Ram Vs. State and anr

Court : Rajasthan Jodhpur

..... petition has been preferred by the petitioner seeking quashing of the f.i.r.no.132/2013 registered at the police station pipar city for the offence under section 306 of the i.p.c.succinctly stated the facts of the case are that one sukhdeo submitted a written report to the s.h.o.pipar city on 19.6.2013. ..... on the basis of this report, an f.i.r.no.132/2013 was registered at the police station pipar city for the offence under section 306 of the i.p.c.the petitioner ratna ram has now approached this court seeking quashing of the proceedings of the f.i.r.impugned. ..... matter, this court is of the opinion that the fir impugned and the investigation carried out so far ex-facie does not disclose the necessary material or evidence so as to permit the prosecution of the accused for the offence under section 306 of the i.p.c.resultantly, the misc. ..... in order to prosecute a person for the offence of abetting suicide firstly it has to be shown that he acted in the manner described in section 107 of the i.p.c.section 107 i.p.c.reads as below: 107. .....

Suo Moto Vs. Jai NaraIn Vyas University, Jodhpur Andors

Court : Rajasthan Jodhpur

..... the court expressed its concern on a final report submitted in the criminal case relating to the offence of breaking the boundary wall and its acceptance by the concerned magistrate. ..... their act also appears to be an offence under section 3 of the p.d.p.p. ..... act, which is a cognizable and non-bailable offence and various other offences. .....

Suo Moto Vs. Dist. Education Offi., Jodhpur and ors

Court : Rajasthan Jodhpur

..... the court expressed its concern on a final report submitted in the criminal case relating to the offence of breaking the boundary wall and its acceptance by the concerned magistrate. ..... their act also appears to be an offence under section 3 of the p.d.p.p. ..... act, which is a cognizable and non-bailable offence and various other offences. .....