Judgment Search Results Home > Cases Phrase: insecticides act 1968 section 6 other committees Court: rajasthan Page 8 of about 7,370 results (0.136 seconds)

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 .....

Vijay Kumar Rastogi Vs. the State of Rajasthan and Others

Court : Rajasthan

Reported in : 2012CrLJ2342

..... committed suicide. after a thorough investigation, the police submitted a charge-sheet against smt. nisha and dilip kumar morwani, respondent nos. 2 and 3, respectively for offence under section 306 ipc. however, after hearing both the sides, vide order dated 06.01.2011, the learned judge discharged smt. nisha and dilip kumar morwani, for the aforementioned ..... is clear that in order to convict a person under section 306 ipc there has to be a clear mens rea to commit the offence. it also requires an active act or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such ..... facilitate the commission of suicide. therefore, the act of abetment by the person charged with the said offence must be proved and established by the prosecution before he could be convicted under section 306 ipc. (emphasis added) 13. the moot point before this court is whether the conduct of smt. nisha and her father would tantamount to .....

Surendra Kumar Vs. State of Rajasthan

Court : Rajasthan

Reported in : 2002(3)WLC295; 2002WLC(Raj)UC676; 2002(4)WLN118

..... abatement there must be instigation which in common parlance would mean, 'to go' to urge forward or to provoke, incite or encourage to do an act. 15. for attraction of section 306 ipc, the court must be satisfied that the accused persons by their conduct created such an un-human situation or were subjecting the deceased to such ..... claimed trial. during trial, the prosecution in support of its case examined as many as 11 witnesses and got exhibited some documents. thereafter, statements of the accused persons under section 313 cr.p.c. were recorded. in defence, one witness was produced by the accused persons. after conclusion of trial, the learned addl. sessions judge no. 1 ..... the part of the accused appellant. from this point of view also, the conviction of the accused appellant for the offence under section 306 ipc cannot be sustained. (7) that remote nexus between the act of committing suicide and abatement is not sufficient to make out a case of abatement and from this point of view also, .....

Ummed Mal Vs. State

Court : Rajasthan

Reported in : 1975CriLJ923; 1974(7)WLN495

..... the confessional statement of one accused is concerned, it may be taken into consideration against the other accused if it fulfils the conditions laid down in section 30 of the evidence act. one of the conditions is that the confession must implicate tha maker substantially to the same extent as the other accused person against whom it is ..... because he clearlv exculpates himself and inculpates ummed mai. that being so, it does not fall within the ambit of the word 'confession' as envisaged bv section 30 of the indian evidence act and it is not relevant for consideration and must be excluded. i mav here add that in balbir singh v. state of punjab : 1957crilj481 their lordships ..... will have to obev him if he wanted tn remain in the service. bhanwarlal added that he did not know whv the resolution was inserted.7. section 30 of the indian evidence act lays down that 'when_ more persons than one are being tried iointlv for the same offence, and a confession anade by one of auch persons affecting .....