Court : Rajasthan
Reported in : AIR1970Raj110; 1970CriLJ731; 1969()WLN146
..... i, therefore, allow this reference and set aside that part of the order of the learned magistrate whereby he has sentenced the accused under sections 338, 449, 279 and 337, indian penal code to 6 months, 4 months, 2 months and two months' rigorous imprisonment respectively. ..... it is not one of the various kinds of punishments described in section 53 of the indian penal code. ..... having convicted and sentenced the accused as mentioned above the learned magistrate further gave benefit to the accused under section 4(1) of the probation of offenders act and instead of sending him to jail he directed that the accused be released on bail on his entering into a bond in a sum of rs. ..... it provides that, '(2) notwithstanding anything contained in the code, where an order under section3 or section 4 is made by any court trying the offender (other than a high court), an appeal shall lie to the court to which appeal ordinarily lie from the sentences of the former court.' 4. ..... as regards the legality of the order passed by the magistrate the language of section 4(1) makes it clear that the sentence of imprisonment imposed upon the accused while he was being released on probation to keep the peace and be of good behaviour was illegal. ..... from the language of this sub-section it is clear that the right to prefer an appeal from an order under section 4 of the act has been conferred both upon the prosecution as well as upon the accused. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj581; 2002(5)WLC352; 2002(2)WLN218
..... word 'suicide' has two facets in indian penal code. ..... declaration is a statement by a person as to the cause of his death or as to any of the circumstances of the transaction which resulted in his death and it becomes relevant under section 32 of the indian evidence act in a case in which the cause of that person's death comes into question. ..... by which the learned additional sessions judge, bhinmal convicted the accused appellants for offences under sections 498a and 306 ipc and sentenced as follows:offencesentence awardedu/sec.498a 1pc2 years' r.i ..... the learned trial judge in coming to the conclusion of guilt for offence under section 306 ipc has relied on two sets of evidence, first is found in two dying declarations ex.p/3 and ex.p/10 and other is found in the statement of prosecution witnesses p.w.1 mata ram, p.w.2 himta ram, p.w.3 manchha ram, p.w.4 prakash and p.w.5 mohan ..... learned additional sessions judge, bhinmal framed charges on 30.8.99 against the accused appellant for offence under sections 498a and 306 ipc who pleaded not guilty and claimed trial.8. ..... corroboration from the oral evidence which is found in the statements of p.w.1 mata ram, p.w.2 himta ram, p.w.3 manchha ram, p.w.4 prakash, and p.w.5 mohan lal and thus he convicted the accused appellant for offence under sections 306 and 498a ipc and sentenced him as stated above.10. ..... the place a to b and on this statement, police registered a case for offence under sections 309 and 498a ipc and chalked out fir ex.p/11.4. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj12
..... in this behalf, the adaptation of laws order 1950 provides as follows : 'the indian penal code (xlv of 1860) -- preamble -- for 'the provinces of india' substitute ' the whole of india except part b states;' 'the code of criminal procedure, 1898 (v of 1898) -- after clause (t) insert -- (tt) 'state' means a part a state or a part c state, and 'states' means all the territories for the time being comprised within part a states and part c ..... first schedule to the indian extradition act referred to in the definition of 'an extradition offence' includes the offences of cheating and extortion, but does not contain the offence under section 161 of the indian penal code. ..... conclusion it may be said that there appears to be no legal restriction against the trial of the accused for an offence under section 161, penal code, even though he was extradited for the trial of offences under sections 388 and 420, penal code and an offence under section 161, penal code is not included in the list of extradition offences in the indian extradition act of 1903. 28 ..... law which must be taken to override the provisions of the criminal procedure code which was a general law, and as the offence under section 161 penal code was not an extraditable offence, the accused could not be tried for it, as he was extradited for the offences under sections 388 and 420, penal code only; (2) that the prosecution having acted under the provisions of the indian extradition act could not turn back and ignore the provisions of that .....
Tag this Judgment!Court : Rajasthan
Reported in : II(1998)DMC679
..... trial before the learned additional sessions judge, behror for offences under sections 498a, 304b, 302, indian penal code and under sections 3 and 4 of the dowry prohibition act, who by his judgment dated 31.8.1996 acquitted all the appellants for offences under sections 498a and 304b, indian penal code, and under sections 3 and 4 of the dowry prohibition act, but convicted them for the offence under section 302, indian penal code and sentenced each one of them to life imprisonment with a fine ..... the learned trial judge disbelieved the prosecution case regarding the alleged cruelty and mal- treatment of the deceased in connection with any demand of dowry and acquitted the appellants of the offences under sections 498a, 304b, indian penal code and under sections 3 and 4 of the dowry prohibition act, but relying on the dying declaration ex. ..... withholding of these material documents raises a strong suspicion and adverse inference against the prosecution case. ..... p1 is a suspicious document which does not inspire any confidence and as such the learned trial judge has committed grave illegality in relying on the same. ..... , who is resident of village raipur, told that he had seen indira in narnaul hospital, who had stated in his presence that the appellants had set her ablaze and for that, he had put his signatures on document ex. ..... appellants in their defence examined three witnesses and also produced injury reports of gajraj singh, chandrabhan, besides other documents. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj159; 1967CriLJ922
..... now, i take up the offences under sections 342 and 323, indian penal code.the offence under section 342, indian penal code, is alleged to have been committed both in respect of mst. ..... gopi shanker deserves benefit of doubt on this aspect of the case and an offence under section 376, indian penal code has not been proved satisfactorily beyond doubt.a question has been raised that gopi shanker should be held liable as an abettor of the commission of rape by other persons. ..... 500 for an offence under section 376 read with section 109, indian penal code, will meet the ends of justice.46 ..... conviction of gopi shanker, mahesh chand, shiv kumar suri and dhan singh under section 323, indian penal code, is also sustainable on the evidence on record.44. ..... to sexual intercourse and was detained in that connection but the essential offence against her is the commission of the offence of rape and i do not see the propriety of convicting the accused for the offence under section 342, indian penal code, in respect of her detention for rape. ..... the charge under section 323, indian penal code relates to the beating given to gopal and arjun firstly, at 12-30 p.m ..... convictions of all the accused under section 342, indian penal code, do not deserve to be maintained.43 ..... draupdi the accused appellants were guilty under section 342, read with section 34, indian penal code.13. ..... 16 of 1965/31 of 1965 the additional sessions judge tried the seven appellants for offences under sections 376, 342 and 323, indian penal code. .....
Tag this Judgment!Court : Rajasthan
Reported in : [1990]68CompCas612(Raj); 1987(2)WLN1
..... with regard to the taking of cognizance by the judicial magistrate, bhilwara, on the report of the police under section 406, indian penal code, it was contended that the petitioner not being an employer within the explanations 1 and 2 to section 405 of the indian penal code, there was no prima facie case against the petitioner which could justify the taking of cognizance by him against the petitioner.6. ..... on the basis of this first information report, the station house officer of police station, pratapnagar, registered a case against the petitioner for the offence under section 406 of the indian penal code and after necessary investigation, filed a charge-sheet against the petitioner in the court of the judicial magistrate no. ..... the petitioner alleges that no prima facie case under section 406 of the indian penal code had been made out against him inasmuch as he was the managing director of the company at the relevant time and he cannot be held responsible for any offence of not depositing the employees' contributions to the provident ..... 2, bhilwara, for the offence under section 406, indian penal code, against the petitioner in criminal case no. ..... explanations 1 and 2 to section 405, indian penal code, have only enlarged the concept of entrustment and they make it clear that the person, being an employer, who deducts the employees' contribution from the wages payable to the employees for crediting to the provident .....
Tag this Judgment!Court : Rajasthan
Reported in : 1966CriLJ1329
..... the definition of the word 'offence' is enlarged for the purpose of sections 64 to 67 of the code and the word 'offence' for that purpose includes an illegal act under the indian penal code, or under any special or local law, as defined in sections 41 and 42 of the i. p. c ..... code and criminal procedure code and, therefore, provisions of the general law would not be attracted for the recovery of fines imposed under the special law; nor did the learned asstt ..... in some eases offences are only offences under the indian penal code, but under section 40, i. p. c ..... indian penal code and criminal procedure code can-not be made applicable for the recovery of fine imposed under this special enactment.i find that in the above referred two cases no such plea was taken either before the supreme court or before the calcutta high court that the law under which the fine was imposed provides a special procedure for the realisation of fine which is different from the provisions contained in the indian penal ..... . the indian penal code has classified the offences for different ..... ., any offence committed thereunder would be an offence under section 40(2) of that code and would attract the application of section 64 which provides for awarding the sentence of imprisonment in lieu of .....
Tag this Judgment!Court : Rajasthan
Reported in : I(1999)DMC538; 1999(2)WLC149; 1998(1)WLN23
..... (c) where the person aggrieved by an offence punishable under section 494 or section 493 of the indian penal code (45 of 1860) is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father's or mother's brother or sister or with the leave of the court, by any other person related to her by ..... for offences against marriage--(1) no court shall take cognizance of an offence punishable under chapter xx of the indian penal code (45 of 1860) except upon complaint made by some person aggrieved by the offence : provided that- (a) ................................ (b) .................................. ..... alwar, filed complaint in the court of special judicial magistrate, alwar, who had jurisdiction to try the offence under section 494, indian penal code in view of provisions contained in section 182(2), criminal procedure code as the complainant was residing the jurisdiction of learned special magistrate, therefore even if the alleged second marriage had taken place outside the jurisdiction of magistrate, the complaint was rightly ..... magistrate had no jurisdiction as from the facts mentioned in the complaint the alleged second marriage had taken place outside the jurisdiction of the magistrate, and (ii) police had no right to investigate the offences under sections 494 and 120b, indian penal code in view of section 198, criminal procedure code and no cognizance could have been taken by the magistrate on the report of the police. 4. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996CriLJ2965; 1996(2)WLC613
..... sofar the position can be summarised as under:-(i) a person sentenced to life imprisonment has to undergo sentence for the remaining period of his life;(ii) the provisions of sections 55 and 57 of the indian penal code do not provide for automatic conversion of sentence of imprisonment for life to 14 years or 20 years;(iii) the president or the governor has powers under articles 72 and 161 of the constitution of india to grant pardon or remit the sentence; and they are not governed by the code of cr. ..... after how many years of the actual imprisonment or imprisonment including remission is a convict undergoing sentence of imprisonment for life eligible for being considered for pre-mature release ?apart from the provisions of code of criminal procedure, indian penal code and constitution of india, the-other relevant statutes and rules can be said to be the prisons act, 1894 (act no. 9). ..... which does not expire automatically at the end of twenty years including remission, because the rules framed under the various jail manuals under the prisons act cannot supersede the statutory provisions of the indian penal code. ..... the expression 'imprisonment for life' and 'imprisonment for a term' are not used either in the penal code or in the criminal procedure code in contradistinction with each other.7. ..... ;(iv) the government has power to suspend or remit sentence under sections 432 and 433 of the code of criminal procedure and this power is restricted by the provisions of section 433a, cr. p. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj60; 1970CriLJ486; 1969()WLN215
..... has been convicted for the offence of murder under section 302 of the indian penal code and sentenced to imprisonment for life, while ramsingh accused ..... of the view that the appellant's conviction under section 302 of the indian penal code be set aside and he be convicted under section 304 part 2 of the indian penal code. 25. ..... of imprisonment for life and instead convict him under section 304 part 2 of the indian penal code and sentence him to five years' rigorous imprisonment. ..... section 84 of the indian penal code can no doubt be invoked by a person for nullifying the evidence adduced by the prosecution by establishing that he was at the relevant time incapable of knowing the nature of the act or that what he was doing ..... put forward by the accused that he was made to drink forcibly and rejected the argument of the learned counsel for the defence that the accused ramkumar was entitled to protection under section 85 of the indian penal code. ..... ramkumar was convicted under section 302 of the indian penal coda and sentenced to ..... in a case of homicide shall prove beyond reasonable doubt that the accused caused death with the requisite intention described in section 299 of the penal code. ..... the indian fenal code defines in section 299 the ..... under the indian law, it has been enacted in section 300 that 'culpable homicide is murder, if the act by which the death is caused is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in .....
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