Court : Rajasthan Jaipur
..... concluded that the charge of criminal conspiracy against the accused kishan & madan lal stood proved.22. before we advert to the evidence relied upon by the learned trial judge, we first advert to the law of conspiracy-its definition essential features & proof as it is the primary charge against the accused kishan & madan.23. section 120a ..... is proved by the testimony of the magistrate that the declarant was fit to make the statement even without examination by the doctor the declaration can be acted upon provided the court ultimately holds the same to be voluntary and truthful. a certification by the doctor is essentially a rule of caution and therefore the ..... accused about the beating or dragging from the shop etc which shows that they tried to falsely implicate the accused persons. further that those who were assigned specific acts have already been acquitted by the courts below. as against which no appeal had been filed.16. per contra, the learned public prosecutor strongly supported the .....
Tag this Judgment!Court : Rajasthan Jaipur
..... if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner.explanation.-it is immaterial in such cases which party offers the provocation or commits the first assault.28. to invoke exception fourth ..... in the court of additional chief judicial magistrate no.1, bharatpur, who committed the case for trial to the court of sessions judge, bharatpur, who transferred the same for trial to the court of additional district & sessions judge (fast track) no.2, bharatpur.5. the trial court framed charge against the accused-appellant under section 302 ipc. the ..... 1. accused-appellant vinod kumar s/0 shukli ram has preferred this appeal challenging his conviction and sentence recorded by additional district & sessions judge (fast track) no.2, bharatpur in sessions case no.11/2002 vide the impugned judgment and order dated 25th september, 2002, whereby he has been convicted .....
Tag this Judgment!Court : Rajasthan Jaipur
..... , as defined in section 319 cr.p.c., had occurred. therefore, the case would prima facie fall within the latter part of section 307 ipc. hence, the learned judge was certainly justified in framing the charge for the said offence.7. hence, this court does not find any illegality or perversity in the impugned order. this petition, being ..... to ten years, and shall also be liable to fine, and if hurt is caused to any person by such act, the offender shall be liable either to [imprisonment for life], or to such punishment as is hereinbefore mentioned. attempts by life convicts.- when any person offending under ..... parties and perused the impugned order. section 307 ipc is as under : section 307. attempt to murder6. whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty or murder, shall be punished with imprisonment of either description for a term which may extend .....
Tag this Judgment!Court : Rajasthan Jaipur
..... person of the deceased was inflicted by fists and kicks and, therefore, it cannot be inferred that there was any intention or even knowledge of the accused that their act was likely to cause death of the deceased. in these circumstances, we find that the finding of the learned trial court acquitting the accused persons of the charge under ..... accused persons, namely, omprakash and smt. kaushalya w/o omprakash. the learned judicial magistrate committed the case to the court of sessions judge, alwar, who transferred the case for trial to the court of additional sessions judge, kishangarh bas, camp behrod.7. learned trial court framed charge against accused omprakash under sections 302 and 323 ipc and against accused smt ..... 1. both the appeals are directed against the impugned judgment dated 18.12.1981 passed by the additional sessions judge, kishangarh bas, camp behrod, in sessions case no. 46/1980, therefore, they are being disposed of by this common judgment.2. briefly stated the facts of the .....
Tag this Judgment!Court : Rajasthan Jaipur
..... of her parents, she was saved. after a thorough investigation, the police submitted a charge-sheet for the aforementioned offence. vide order dated 21.02.2011, the learned judge framed the charges for the aforementioned offences.3. hence, this petition before this court. mr. ashvin garg, the learned counsel for the petitioners, has vehemently contended that the ..... to see if a strong prima facie case is made out against the accused-person or not.5. at the time of framing of the charges, the learned judge cannot go into meticulous examination of the evidence produced by the prosecution. in the present case, although the learned counsel has pleaded that the story narrated by the ..... framing of a charge, for offence under section 307 ipc, what the court is concerned about is to see if an act was committed with an intention or knowledge under such circumstances that by such an act death would be caused, or not according to the complainant, the petitioners had tried to hang her, but luckily she was .....
Tag this Judgment!