Court : Rajasthan
Reported in : RLW2009(2)Raj1711
..... that the complainant had thrown chappals on him but after taking dinner when everyone was going to bed, the complainant went to the appellant mangi lal and apologized for -his acts he had done, whereupon, it is alleged that the appellant got enraged, brought out his knife and stabbed in his chest. this injury caused upon the chest of the complainant ..... mahesh bhagwati, j.1. challenge in this appeal is to the judgment dated 4th may 1987, rendered by the sessions judge, jhalawar whereby the accused appellant mangi lal was convicted in the offence under section 334 of ipc and released on probation of good conduct.2. the factual matrix of the ..... the accused appellant in the offence under section 334 of ipc and the order of releasing him on probation of good conduct under section 4 of the probation of offenders act, is maintained. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj860
..... of ipc and proceeded against the accused persons namely mst. hardai, mst. santa, rajveer and hari singh.5. in due course of time, the case came up before additional sessions judge, no. 2, bharatpur for trial. the accused hari singh was indicted for offences under section 323, 307/34 and 376 of ipc, rajveer for the offence under section 323 and ..... in order to prove the offence under section 307 of ipc, the prosecution is liable to establish that the accused did an act which was done with intention or knowledge and under such circumstances that if he by that act cause death, he would be guilty of murder. the burden of proof of the ingredients of the offence is upon the prosecution ..... mahesh bhagwati, j.1. the challenge in this appeal is to the judgment dated 21 july, 1997 rendered by additional sessions judge, no.2, bharatpur whereby, the appellant hari singh and mst. santa have been convicted in the offences under sections 307/34 and 307 respectively and sentenced to rigorous imprisonment for .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1170
..... medical evidence that the cow died on account of septic and nerve shock, thus prima facie the accused contravened the provisions of the bovine animal act. the order of acquittal passed by the learned addl. sessions judge dated 17.10.2008 is quashed. the trial court is directed to rehear the parties and pass afresh order after taking into consideration all material ..... magistrate neem ka thana committed the case to the sessions court where from the case was assigned to addl. sessions judge no. 1 sikar camp neem ka thana. charges were framed against the accused under section 3/8 of bovine animal act. the accused denied the same and claimed to be tried. the prosecution in support of its case examined 10 witnesses .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(4)Raj2954(1)
..... . consequently, the respondents are directed to grant all terminal benefits to the petitioner treating her to be a widow of deceased government servant though taking 23.6.1968 as the basis for calculating terminal benefits and make payment of all terminal benefits and arrears on family pension together with interest @ 6% per annum within a ..... ) since 3.4.86 and for last more than seven years, a presumption would must arise in her favour by virtue of section 108 of the evidence act that her husband has been dead. thus viewed, the appellate state therefore have to grant relief to the writ petitioners on the presumption that her husband is ..... of the government servant and further holding such inquiry proceedings without service of pre and/or post initiation of proceedings in order to culminate into order of punishment of removal, both are against the constitutional mandate and principle of natural justice. that being so, the learned single judge has rightly condemned the action of the appellant .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj2181
..... condition precedent for issuing process under section 204 is the satisfaction of the magistrate either by examination of the complainant and the witnesses or by the inquiry contemplated under section 202 that there is sufficient ground for proceeding with the complaint hence issue the process under section 204 of the code. in none ..... against the order of taking cognizance. being aggrieved of the said order, the petitioners had filed revision petitions before the learned sessions judge, which came to be decided by the special judge, sc/st court, ajmer, whereby he had dismissed the same and affirmed the order passed by the learned magistrate.3. broadly speaking ..... . on the basis of the complaint and the evidence on record, the learned magistrate took cognizance for the offence under section 138 of the negotiable instruments act, vide his order dated 11.11.1998 and issued process against the accused persons. after appearance before the learned trial court, through their counsel, applications .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009CriLJ2298; RLW2009(3)Raj2117
..... the commission of which has a reasonably close nexus with the proceedings in that court so that it can, without embarking upon a completely independent and fresh inquiry, satisfactorily consider by reference principally to its records the expediency of prosecuting the delinquent party. it, therefore, appears to us to be more appropriate to ..... marwah and anr. : 2005crilj2161 , a decision given by a constitutional bench, had considered the apparent conflicting opinion between the two decisions rendered by the hon'ble three judges of the apex court, in the cases of surjit singh v. balbir singh : 1996crilj2304 (supra) and sachida nand singh : 1998crilj1565 (supra) regarding interpretation of section ..... an enlarged interpretation to section 195(1)(b)(ii), whereby the bar created by the said provision would also operate where after commission of an act of forgery the document is subsequently produced in court, is capable of great misuse. as pointed out in sachida nand singh, after preparing a forged .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009CriLJ1610; RLW2009(1)Raj662
..... a-2 examined three witnesses in his defense. the defense also submitted fifty-six documents. after going through the oral and; documentary evidence, the learned trial judge convicted and sentenced the appellants as mentioned above. hence, these appeals before this court. as both the appeals challenge the same impugned judgment, they are being decided ..... trial court, has noticed the fact that a-1 was sixteen years old, yet the learned judge has ignored section 20 of the juvenile justice act, 2000. according to the said section, the cases which were pending when the act came into force, although the trial could be completed by the learned trial court, but for ..... the purpose of sentencing the juvenile should be referred to the juvenile board. however, the said procedure has not been followed by the learned judge. therefore, the conviction and sentence are .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009CriLJ1596
..... of the special juvenile police unit or the designated police officer who shall immediately report the matter to a member of the board. section 14 of the act empowers the juvenile justice board to make inquiry regarding juvenile. it says that where a juvenile having been charged with the offence is produced before a board, the board shall hold the ..... section 302, ipc is exclusively triable by the court of session, the learned judicial magistrate committed the case to the sessions court, sirohi.3.7 the learned addl. sessions judge (the trial court), to whom the case was made over for trial, framed charge against both the accused which was read and explained to them.3.8 the accused ..... ', for short), is to the correctness of the judgment and order dated 19-3-2004 rendered in sessions case no. 05/2001 (1/2000) by the learned addl. sessions judge (fast track) no. 1, sirohi.2. by the impugned judgment and order, appellant no. 1 sikander khan (a-1 for short), has been convicted for the offences under .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(3)Raj2490
..... in kalyan singh's case, 1961 rlw 143.8. no order has yet been passed on those affidavits. further, under section 299 of the succession act every order passed by the district judge is appealable. the present revision applications are, therefore, not maintainable. they are accordingly dismissed.25. so far as the application submitted before this court ..... by one sitaramdas swami claiming himself to be the peethadhish of shradha mata maha shakti peeth trust alleging that the will dated 8.8.1968 was a forged document and the act of the applicant shelendra pratap singh in submitting a forged document in the court amount to the offence under section 195 i.p.c. ..... mentioned in the schedule appended to the said application. the applicant-respondent herein also alleged that the deceased shradha mata had during her life on 8th august, 1968 executed her last will bequeathing all her moveable and immoveable properties in favour of the applicant. it was also stated that the will was executed while she was .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1067
narendra kumar jain, j.1. heard learned counsel for the appellant and examined the impugned award dated 29.9.2006 passed by the learned additional district & sessions judge (fast track) no. 1 & judge, motor accident claims tribunal, sikar, in accident claim no. 174/2005. the learned tribunal awarded a total compensation of rs. 11,77,664/- in favour ..... contention of the learned counsel for the appellants about future prospects is concerned, it is relevant to mention that the learned tribunal under section 168 of the motor vehicles act, is required to pass an award which appears to be just, fair and reasonable. the hon'ble supreme court in oriental insurance co. limited v. jashuben and ors ..... reasonableness, and non-arbitrariness. para 15 of the judgment is reproduced as under:15. it has to be kept in view that the tribunal constituted under the act as provided in section 168 is required to make an award determining the amount of compensation which to it appears to be 'just'. it has to be borne .....
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