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
..... 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!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
..... , the state government shall draw up a statement setting out distinctly the charge against the member and shall send the same for inquiry and findings by judicial officer of the rank of a district judge to be appointed by the state government for the purpose.(3) the judicial officer so appointed shall proceed to inquire into the ..... revoked vide order dated 21.01.1993, it would not pre-empt the government from re-opining the entire case. furthermore, section 63a of the act empowers the government to hold an inquiry for any misconduct committed in an earlier term. thus, he has justified the impugned charge-sheet.8. in rejoinder, mr. gupta has contended that ..... faith in the rule of law. therefore, repeatedly the hon'ble supreme court has stressed that every action of the state must be just, fair and reasonable. any act which is unjust, unfair, or unreasonable is an anathema to the constitutional mandate and to the constitutional philosophy of this country.10. while keeping these two principles in .....
Tag this Judgment!Court : Rajasthan Jaipur
..... extend 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 [imprisonment for life], or to such punishment as is hereinbefore mentioned.attempts by life convicts. - [when any person offending under this ..... the charge-sheet submitted by the petitioner.section 307 ipc reads as under :-307. attempt to murder.- 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 of murder, shall be punished with imprisonment of either description for a term which may ..... by the order dated 01.03.2011 passed by the additional sessions judge (fast track) no.1, beawar, district ajmer, whereby the learned judge has framed the charges for offences under sections 148, 323, 325, 326, 307 read with section 149 ipc and 4/25 arms act, the petitioner has approached this court. the learned counsel for the petitioner .....
Tag this Judgment!