Court : Rajasthan Jaipur
..... there. 3. it is also stated that the deceased's wife and children were not in the house as they had gone out to some relatives. on making inquiry in relation to the incident from the neighbourers and other persons, it was found that rajendra soni, the deceased, was alone at the house. it was also revealed ..... b. criminal appeal under section 374(2) cr.p.c. has been filed against the judgment and order dated 3rd january, 2003 passed by the learned additional sessions judge (fast track) alwar in sessions case no.32/2002 (41/2002) whereby the accused-appellant has been convicted and sentenced as under: under section 302 ipc imprisonment for ..... court has committed illegality in appreciating the evidence and accused has wrongly been convicted for the offence under section 302 ipc read with section 4/25 of the arms act. on the other hand, learned public prosecutor has contended that the learned trial court finding the chain of circumstances complete has rightly convicted and sentenced the accused .....
Tag this Judgment!Court : Rajasthan
..... board v. mohan lal : (1967) 3 scr 377, ajay hasia v. khalid mujib sehravardi : (1981) 1 scc 722 and other decisions including a seven judges bench decision of the hon'ble supreme court delivered in the case of pradeep kumar biswas v. indian institute of chemical biology : (2002) 5 scc 111. in ..... of the case of d.b. civil writ petition no. 236/1984 are that the petitioner, an employee of the respondent-company, appointed in the year 1968, faced disciplinary proceedings wherein order of termination of his service was passed on 23.12.1983 (annex.31) which was challenged by the petitioner by preferring s ..... formed as well as considered the provisions of metal corporation of india (acquisition of undertaking) act, 1965 and metal corporation of india (acquisition of undertaking) act, 1966 and metal corporation (nationalization and misc. provisions) act, 1976. the learned single judge observed that after re-acquisition retrospectively and vesting the same in the central government, the .....
Tag this Judgment!Court : Rajasthan
..... ipc.20. in view of the discussions aforesaid, this appeal deserves acceptance in part. accordingly the judgment and order dated 6.9.2003 passed by learned additional sessions judge (fast track), jodhpur in sessions case no. 77/2003 is modified. the conviction of accused pappu ram for the offence punishable under section 302 ipc is set aside ..... 5.2003 a charge sheet was filed against pappu ram with the charges relating to commission of offences punishable under sections 302, 323/34 ipc and 4/25 arms act. other accused viz. madanlal, bhanwari devi and dilip were charged for commission of offences punishable under sections 302/34, 323 or 323/34 ipc. on denial of ..... for life term with a fine of rs. 200/- and in default of payment of fine further to undergo one month's rigorous imprisonment.under section 4/25 arms act - one year's rigorous imprisonment with a fine of rs. 100/- and in default of payment of fine further to undergo fifteen days rigorous imprisonment.accused madanlal, smt .....
Tag this Judgment!Court : Rajasthan
..... j.1. this appeal is preferred to assail validity correctness and propriety of the judgment and order dated 19.1.2005, passed by the learned addl. sessions judge, nohar district - hanumangarh convicting accused mothu singh for the offence punishable under section 302/34 ipc and accused appellant jagga singh for the offence punishable under section ..... default in payment of fine. the accused jagga singh by the same judgment and order is also convicted for an offence punishable under section 27 of the arms act and sentenced to undergo 3 years rigorous imprisonment with a fine of rs. 1000/- and further to undergo three months additional imprisonment in the event of default ..... the same is allowed. the judgment dated 19.1.2005 passed by the learned addl. sessions judge, nohar, district - hanumangarh is set aside. the conviction of accused jagga singh under section 302 ipc and section 27 of the arms act and of accused mothu singh for offence under section 302/34 ipc too are set aside. consequently, .....
Tag this Judgment!Court : Rajasthan
..... judgment of the learned single judge, the division bench of this court made the instant reference as noted above.43. with a view to resolving the juridical controversy involved in the present case, ..... there is no merit in this petition and the same stands dismissed at the admission stage itself.42. being dissatisfied with the aforesaid judgment of the learned single judge, the state went in civil special appeal before the division bench, and while taking into consideration the judgment of the asuram's case (supra) as well as ..... ' (hereinafter referred to as 'the act of 1974') with statement of objects and reasons, as follows:one of the main objectives of the legislation relating to social control of banks in 1968 and the nationalisation of fourteen major indian commercial banks in 1969 was to ensure that adequate proportion of commercial bank credit goes to the .....
Tag this Judgment!Court : Rajasthan
..... rights of the petitioners as enshrined in article 14 of the constitution of india and hence, the learned single judge has rightly interfered in these matters. the learned counsel yet further contended that the appellants acted in a wholly arbitrary manner in issuing the questioned advertisement on 10.02.2010 without there being any specific ..... of rajasthan and ors. the learned counsel further submitted that the writ petitioners have indeed deposited substantial amount pursuant to the directions issued by the learned single judge and in the balance of equities, the impugned deserves not to be interfered with, more particularly when the writ petitions have been ordered to be heard in ..... a few aspects related with prima facie case, which, per force, arise for consideration are being dealt with hereafter.16. it appears that the learned single judge proceeded to assume a strong prima facie case in favour of the writ petitioners only for the reason that the matter appeared to be of unwarranted and .....
Tag this Judgment!Court : Rajasthan
..... these persons, who staying with son, to go away, therefore, throwing of stones by him cannot be something not believable.24. for the reasons above, learned trial judge has rightly concluded that appellant did inflict injuries to sultan, jagdish and pokar ram.25. as is observed above, it clearly surfaces that appellant had no intention to do ..... and cutting muscles was at neck. thus appellant is rightly convicted for the offence of section 326, 324 and 323 ipc but appellant is not proved to have committed act punishable under section 307 ipc and is to be convicted for only under ss. 326, 324, 323 ipc.27. per record, appears that appellant was arrested in ..... any act which could have been fatal. brother pokar ram pw/1 and others coming there after several years were ploughing land without informing or talking to real brother (appellant .....
Tag this Judgment!Court : Rajasthan
..... and that after a fortnight of marriage he was handicapped as a result of accident with a tractor. deva ram dw 9 do also depose in this regard.17. learned judge, while acquitting two, arriving conclusions for guilt of appellants, convicted and sentenced them as above.18. learned counsel for the appellants extensively describing statements of witnesses argued that on ..... assembly inflicting grievous injuries to smt. jhamku pw 2 and simple injuries to pws 1 and 3 and abducting mohan ram and killing him, is to be affirmed. this act of these persons constitute offence punishable under sections 148, 302 read with section 149, 323, section 325 read with section 149 and section 364 ipc. as persons five or ..... ex.p/21.5. information regarding registered owner of jeep was obtained from transport officer vide letter ex.p/75 and then notice under section 133 of m.v. act given to owner pw/27 who informed that driverwas sikander khan who arrested on 21.09.02 vide memo ex.p/27 and jeep rj 21 c 4304 taken .....
Tag this Judgment!Court : Rajasthan
govind mathur, j.1. by judgment dated 30.10.2004 learned additional sessions judge (fast track), balotara, camp barmer convicted the accused appellant for the offences punishable under sections 148, 302, 449, 324, 323 indian penal code and section 4/25 of indian arms act. the accused was sentenced for each of the offences as under:148 ipc: rigorous imprisonment for one ..... three months;302 ipc: imprisonment for life and a fine of rs. 5000/-, in default of the payment of fine to further undergo imprisonment for six months; and4/25 arms act: one year's rigorous imprisonment and a fine of rs. 1000/-, in default of the payment of fine to further undergo three months imprisonment.2. all the sentences were ordered ..... , we do not find any wrong in the conviction record and sentence awarded by the trial court. accordingly, the judgment dated 30.10.2004 passed by learned additional sessions judge (fast track), balotara, camp barmer in sessions case no. 127/2002 is affirmed. the appeal is dismissed.
Tag this Judgment!Court : Rajasthan
..... been halted till criminal trial remained pending against him and others for offence under sections 468, 420 and 34 of the ipc in the court of civil judge-cum-judicial magistrate 1st class, kishanganj.14. the learned counsel on the question of discrimination in the matter of penalty has cited a judgment of division ..... commissioner has exonerated him of all the charges. as against this, the petitioner, who was initially appointed with the respondent department as patwari on 02.03.1968 has been awarded sever penalty of removal by order dated 08.06.1994 after completion of 26 years of unblemished service. there is no other delinquency proved ..... is required to first record statements of departmental witnesses.9. it was argued that the tehsildar, kishanganj, himself being the complainant, could not have been nominated to act as presenting officer on behalf of the department. his statement was not recorded for that reason. the disciplinary authority has, by cryptic and non-speaking order, awarded .....
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