Judgment Search Results Home > Cases Phrase: insecticides act 1968 section 26 notification of poisoning Court: rajasthan Page 8 of about 123 results (0.201 seconds)

ishar Ram Vs. Padamnath and ors.

Court : Rajasthan

Reported in : 1983WLN596

..... for the votes obtained by the returned candidate by corrupt practice, such candidate would have obtained a majority of votes. in cases falling under clause (b) of section 101 the act requires merely proof of corrupt practice, and obtaining votes by corrupt practice, it does not require proof-that the voters whose votes are secured by corrupt practice had ..... on the ground that respondent no. 1 was not eligible/qualified to contest the election as he could not read and write hindi as envisaged by section 13 of the rajasthan panchayat act. the petitioner also prayed in the election petition that the election of respondent no. 1 beset aside and the petitioner be declared duly elected as sarpanch ..... from where he gets the means to do so.he submits that the case has been approved by the supreme court in hira singh pal v. madan lal : [1968]2scr778 .14. in the facts and circumstances of the case, as non-petitioner no. 1 has been declared disqualified by the tribunal below and for this reason he .....

Mohd. Haroon Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1999CriLJ2532

..... been done. he also submitted that no witness has stated about abetment caused by the appellant and no presumption can be made against the appellant under section 113-a of evidence act. he also submitted that the death of rehana might be accidental. he has, therefore, submitted that the appellant deserves acquittal.5. on the other ..... he submitted that the accused-appellant was not present at the site and that there was no abetment on his part. according to him presumption under section 113-a of evidence act is not absolute. on the other hand learned pp carried me through the evidence and submitted that the appellant was having illicit relations with mst. ..... that there was no evidence to prove that the accused intentionally abetted the commission of suicide. resultantly he was acquitted of the charge of section 306. ipc. presumption under section 113-a of evidence act cannot be raised in such a case.15. in view of above discussion. i hold that accused-appellant mohd. haroon shouldnothave been .....

Reva Lal Vs. State of Rajasthan

Court : Rajasthan

Reported in : RLW2003(1)Raj581; 2002(5)WLC352; 2002(2)WLN218

..... crime. mere proof that the crime charged could not have been committed without the interpretation of the alleged abettor, is not enough compliance with the requirements of section 107 ipc.23. before proceeding further and appreciating the evidence and findings of the learned trial judge, something should be said about suicide.on suicide 24. normally ..... 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. the clause (1) of section 32 of the evidence act makes relevant. what is english law are called dying declarations. the indian law ..... of suicide which is punishable under section 306 ipc.29. as to what would constitute instigation for the commission of an offence would depend upon the facts of each case. therefore, in order of decide whether a person has abetted by instigation the commission of an offence or not, the act of abetment has to be .....

Suresh Kumar Vs. State of Rajasthan and Another

Court : Rajasthan Jodhpur

..... the record, it is clear that the marriage took place 20 years ago and thus there cannot be any presumption as enshrined under section 113a of the indian evidence act for framing charge under section 306 ipc. 25. considering the above legal position and material collected during investigation in this case, the revision petition filed by the ..... the suicide. it is also necessary to see that his act must fall in any of the three categories as enumerated under section 107 ipc. it is necessary to prove that the said accused instigated the person to commit suicide or engaged himself with ..... that conspiracy, and in order to the doing of that thing; or (thirdly)- intentionally aids, by any act or illegal omission, the doing of that thing." 13. thus, for framing a charge for the offence under section 306 ipc, the learned court below has to consider whether the abettor intentionally instigated or aided the commission of .....

Ramesh Chandra Vs. State of Rajasthan

Court : Rajasthan

Reported in : II(1998)DMC662; 1997(3)WLC516; 1997(2)WLN172

..... are attracted on the statement of the deceased. therefore, the accused appellant was acquitted from the offence under section 306, indian penal code. learned counsel for the petitioner submitted that statement of smt. lila which comes within the definition of dying declaration is that her mother-in-law ..... instigates any person to do a thing, or secondly, engages with one or more other person or persons in any conspiracy for the doing of that thing. if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing, or thirdly, intentionally aids, by any ..... act or illegal omission, the doing of that thing. the dying declaration was considered keeping in view of this provision. it was held that neither of the ingredients of abetment .....

Ramphal Vs. State of Rajasthan

Court : Rajasthan

Reported in : 2001(1)WLC553; 2007(2)WLN120

..... the learned counsel for the accused appellant is smt. hulsi v. state of rajasthan 1995 crlr (raj.) 234, where it has been held:evidence act, 1872--section 32--dying declaration--statement of deceased--no clearance of fitness of mental state of deceased was sought--mental condition of deceased not known--held, statement taken ..... the hon'ble supreme court in paparambaka rosamma and ors. v. state of andhra pradesh 1999 crlr (sc) 658, where it has been held:evidence act, 1872--section 32--dying declaration. no certificate by doctor stating fit condition of injured- deceased suffered 90% burn injuries. recording of dying declaration by magistrate. subjective satisfaction of ..... given before the court.40. what matters may be proved in connection with proved statement relevant under section 32 or 33. section 158 of the evidence act speaks on this aspect like this:sections 32 and 33 of the evidence act permit the putting in of statements, oral or written, or statements made in a judicial proceedings .....

Ram Singh Vs. State of Rajasthan

Court : Rajasthan

Reported in : 2002(1)WLN595

..... the crime. mere proof that the crime charged could not have been committed without the interposition of the alleged abettor, is not enough compliance with the requirements of section 107 ipc. 16. before proceeding further and appreciating the evidence and findings of the learned trial judge, something should be said about suicide. on suicide 17. ..... . during trial, the prosecution in support of its case examined as many as 11 witnesses and got exhibited several documents. therefore, statement of the accused appellant under section 313 cr.p.c. was recorded. in defence, no evidence was led by the accused appellant. after conclusion of trial, the learned addl. sessions judge, anupgarh ..... suicide which is punishable under section 306 ipc. 24. as to what would constitute instigation for the commission of an offence would depend upon the facts of each case. therefore, in order to decide whether a person has abetted by instigation the commission of an offence or not, the act of abetment has to be .....

Jetha Ram and Another Vs. the State of Rajasthan and Another

Court : Rajasthan

Reported in : 2012CrLJ2459

..... in any way, instigated or aided or provoked her wife to commit suicide and hence the conviction under section 306, ipc is not sustainable. 24. the learned pp has placed reliance on the provisions of section 113a of the indian evidence act, which reads as under:- 113a. presumption as to abetment of suicide by a married woman.- when the ..... by such relative of her husband. explanation.- for the purpose of this section, cruelty shall have the same meaning as in section 498a of the indian penal code (45 of 1860) 25. to base a conviction on the strength of section 113a of the indian evidence act, it is necessary that it should be shown that the woman has committed ..... evidence of instigation or intentionally aiding as provided under three clauses of section 107. 19. in the light of above, considering the prosecution evidence of the present case, pw-1 to pw-4 have nothing said about the instigation or intentionally aiding of any particular act. 20. the only contention of pw-4 parma ram is that .....

Colonel J.S. Ghura Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1996CriLJ2158; 1996(3)WLC126

..... the basis of the record, vide the impugned order dated 27th september, 1994, summoned the petitioner, holding that in view of the note, left by the deceased, a case under section 306, ipc, was also made out against the petitioner. feeling aggrieved, the petitioner has approached this court by filing this miscellaneous petition.3. the record of the case, was ..... who-.first.- instigates any person to do that thing; orsecondly.- engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing;thirdly.- intentionally aids, by any ..... act or illegal omission, the doing of that thing.'explanation-1.- a person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose .....

Krishan Kumar Mishra Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1998CriLJ1513; 1998(2)WLC492

..... omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; orthirdly.- intentionally aids, by any act or illegal omission, the doing of that thing.10. in order to maintain a charge under section 306 ipc, it shall, therefore, be necessary for the prosecution to establish prima-facie that a person has abated the commission of ..... suicide by the victim either by inspiration he commits suicide or by doing an act or omission to do an act illegally, whereby the victim was promoted to commit suicide .....