Court : Rajasthan
Reported in : 1998CriLJ2193
..... at the ashram or to have his boarding and lodging and when the deceased insisted upon making entreaties before the petitioner, the latter secretly administered him lemon-squash with insecticide poison resulting in death of the deceased. besides though there is no documentary evidence but on the, basis of statements of narsingh, laxmi narain, rameshwar, nitya nand ..... 6-7-1996 while the complainant as well as chetanpuri were at jodhpur and even chetanpuri appeared before the police to depose against one panna lal being proceeded under section 107, cr.p.c. by the police of mandore police station and he did not divulge this information to any police officer. accordingly, on the basis of ..... on record, though, at present, warrant no observation or finding as regards to commission of murder of the deceased or the same being a result of suicidal act on the part of the deceased himself or, though it is not so alleged by the prosecution or complainant side from any quarter for commission of suicide by .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ273
..... the stomach of the deceased and on chemical examination, the portions of visceras, taken from the stomach of the deceased, gave positive tests for the presence of indosulphan insecticide. the marriage of smt. sharda with accused atma ram took place on 21-4-86. thus, her death was caused otherwise than in the normal circumstances within ..... maternal grand-father and dharamveer the maternal uncle of deceased, along with anil kumar, came to village kisanpura, where they were informed that smt. sharda had taken insecticide and died. from there she came to village sadulshahar, where she was brought by her in-laws members for treatment and they found smt. sharda dead. the case ..... marriage of the said parties, but does not include dower or mehr in the cases of persons to whom the muslim personal law (shariat) applies. section 113b of the indian evidence act makes a provision for the presumption as to the 'dowry death' and states that when the question is: whether the person has committed the dowry .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(3)Raj2293
..... would have died. the result of the chemical examination report shows that portion of blood sample and gastric lavage gave positive tests for the presence of organo-phosphorous insecticide. thus, the poison dangerous to life as found in the body of smt. munki which stands proved beyond all reasonable doubts from the result of the chemical ..... learned trial court has taken into consideration all the aspects of the case objectively and, after subjective satisfaction, has awarded the sentence to the accused-appellant under sections 307307, 324 and 498-a, ipc respectively which is reasonable, just and proper.20. it is also submitted by the learned public prosecutor that looking to ..... circumstances in which a crime has been committed are to be delicately balanced on the basis of really relevant circumstances in a dispassionate manner by the court. such act of balancing is indeed a difficult task. it has been very aptly indicated in dennis counsel mcgautha v. state of california 402 us 183 : 28 l .....
Tag this Judgment!Court : Rajasthan
Reported in : 2005CriLJ116; I(2006)DMC130; RLW2005(4)Raj2618
..... established that by custom 'muklava' is the marriage. while considering penal consequences, the law has to be construed strictly.the definition of marriage as mentioned in section 304b ipc and section 113 of the evidence act, has to derive its interpretation in the light of the theory of strict interpretation. the purposive interpretation of law which the learned counsel for the petitioner wants ..... that on chemical examination of the portions of viscera and blood samples gave positive tests for the presence of organo-phosphorus insecticide. dr. kochar also expressed the same opinion after receipt of ex.p9. it means that smt. raju had consumed some insecticide which caused her death and, therefore, the prosecution has succeeded in proving that smt. raju committed suicide by consuming .....
Tag this Judgment!Court : Rajasthan
Reported in : 2004CriLJ2237; 2003(4)WLC767
..... lady had brought her life to a tragic end by consuming organophosphorous insecticide, it cannot be said that she had embraced death on account of any demand of dowry by the accused-appellants.31. so far as drawing of presumption under section 113b of the evidence act by the learned trial judge is concerned, the prosecution has failed ..... 20,000/- along with some gold etc. was made by the accused-appellants.6. that the learned trial judge has also drawn presumption of section 113-b of the indian evidence act against accused-appellants.7. that the learned trial judge came to the conclusion that the deceased was given cruel treatment and tortured by the accused ..... any such evidence, it is not permissible to take recourse to the legal presumption envisaged in section 113b of the evidence act and therefore, in these circumstances, the learned trial judge was not right in drawing presumption under section 113b of the evidence act.32. thus, looking to the entire evidence on record, i am of the view .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2005)DMC765
..... accused persons were residing. the death took place in the suspicious circumstances. it has further been admitted that in the dead body of deceased organo of phosphorous insecticide was found. the cause of death was asphyxia due to strangulation. though no evidence was led by prosecution to prove that the poison was the cause for ..... to cruelty or harassment by her husband or any of his relatives in connection with any dowry, such death is described as dowry death under section 304b. by section 113b of the evidence act, the court has to raise a presumption of dowry death if the same has taken place within 7 years of marriage and there is ..... possibility for the deceased to have committed suicide was ruled out.(vi) that the fsl report disclosed the presence of organo phosphorous insecticide in kidney, liver, etc. of the deceased, the container of the insecticide was not found at the spot but the facts revealed that somebody must have administered poison prior to strangulation.(vii) that no .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2004)DMC350
..... in connection with the demand of dowry. in absence of any such evidence it is not permissible to take recourse to the legal presumption envisaged in section 113b of the evidence act, learned counsel took us through the statements of prosecution witnesses and placed reliance on ratnesh kumar v. state of chhatisgarh, vii (2001) slt 356= ..... cause of death was asphyxia due to respiratory failure. as per fsl report (ex. p-10) chemical examination of viscera gave positive test for the presence of dimethoate insecticide, (an organophphorous insecticide).11. hulash ram (p.w. 14), the investigating officer, got seized the document (ex. p-4), which was in the handwriting of suman, vide recovery ..... . it was on account of physical and mental torture given by the appellant that suman committed suicide within 7 years or her marriage.17. section 113a of the evidence act provides that when the question arises as to whether the commission of suicide by a woman had been abetted by her husband or any relative .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ1020; 1995(2)WLC499
..... at the time of the alleged occurrence, the appellant was not present in his house. according to him in this case, no presumption can be drawn under section 113b, evidence act because there is not a fringe of evidence to prove that the deceased was subjected to cruelty soon before her death. he has also relied on the case ..... law (shariat) applies. therefore, now the subsequent demands after the marriage are also incorporated in the term 'dowry.13. a new section 113b has been inserted in the evidence act by the amendment act, 1986. this section provides that when the question is whether the person has committed dowry death of his woman and it is shown that soon before her ..... that she died within seven years of her marriage, it was further established that the death was on account of her consuming insecticides i.e. spray used in the field to kill the insects and that such insecticides is ordinarily kept by the farmers in their houses. thus, it was a case of suicide. it was also proved that .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(3)Raj2274
..... be sufficient to cause death. pw-1 dr. mohanlal stated that eye- balls (pupils) were narrowed which could be only by way of administering poison of insecticides. however, he has not stated specifically that by use of such poisonous articles there was possibility of the death of a person. undoubtedly it is clear that ..... of gastric lavage (1) from packet marked (a) gave negative tests for metallic poisons, ethyl and methyl alcohol, cyanide, lalkaloids, barbiturates, tranquillizers and insecticides.20. on the basis of the above negative report, the learned counsel for the appellant contended that no poison was administered, therefore, neither offence under ..... evidence is totally silent to establish a criminal conspiracy between them for committing the murder of deceased rajesh. the offence under section 120b is an agreement between the parties to do a particular act. there is not an iota of material to establish the alleged agreement between accused sanjiv kumar and accused kamlesh. in the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(1)Raj840
..... portions of viscera (1-5) and washing of exhibit no. 6 from three packets marked 'x' 'y' and 'a' gave positive tests for the presence of chloropyrophos insecticide.4. we have heard learned counsel for the parties. the prosecution case is founded on the sole testimony of jyoti (pw. 11) who on the date of incident was ..... general hospital alwar where deepu was declared dead. a report about the incident was sent by medical officer to the sho police station shivaji park alwar. case under section 302 ipc was registered and investigation commenced. autopsy on the dead body was performed, necessary memos were drawn, statements of witnesses were recorded and on completion of investigation ..... is no such provision and the evidence is made admissible whether corroborated or not. once there is admissible evidence, court can act upon it. it is sound rule in practice not to act on the uncorroborated evidence of a child, whether sworned or unsworned, but this is a rule of prudence and not of law.7. it is .....
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