Court : Rajasthan Jodhpur
..... whose conviction would not be easy without testimony of the applicant making the application under section 306 cr.p.c. the judge himself should not take the task to determine the propriety of pardon. similar issue was decided by the hon'ble supreme ..... of the hon'ble supreme court in the case of "lt commander pascal fernandes versus state of maharashtra and ors.", [: air 1968 sc 594]. therein, para 15 explains the process on an application under section 306 cr.p.c. 4. a further reference of ..... jurisdiction there is a tender of a pardon on condition of full disclosure. section 8(2) of the criminal law amendment act is enabling. without recourse to it an accused person cannot be examined as a witness in the same case against another accused ..... person supposed to have been directly or indirectly concerned in or privy to an offence 'during investigation, inquiry or trial'; (2) the chief judicial magistrate or metropolitan magistrate is empowered to tender a pardon to such person 'at .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... has been filed by the accused appellant bharat lal under section 374(2) of the cr.p.c.against the judgment dated 29.09.2006 passed by addl. sessions judge (fast track).banswara in sessions case no.63/2006 by which the learned trial court convicted the accused appellant for offence under sections 302 and 447 of i.p.c ..... observed that upon cloths, sword and blood smeared soil, human blood of group-b was found. meaning thereby, the medical evidence has corroborated the prosecution story with regard to act of inflicting the injuries by the accused appellant. we have also perused the statement of doctor pw-17 dr. ramkesh in which it is stated by him that four ..... if so, the cause for such provocation; (ix) whether it was in the heat of passion; (x) whether the person inflicting the injury has taken undue advantage or has acted in a cruel and unusual manner; (xi) whether the accused dealt a single blow or several blows. the above list of circumstances is, of course, not exhaustive and there may .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... task of equating the work and responsibilities of both categories of students.21. learned counsel appearing for the respondents, on the other hand, submitted that learned single judge has considered the material and the arguments, and has found that since the work and responsibilities of both categories of students were same, the respondents were discriminated ..... the indian judiciary system. in brojo nath ganguly's case(supra), the supreme court held, considering the question in the light of section 23 of the contract act, which provides that a contract which is opposed to public policy, would be void, that the public policy is not capable of a precise definition; it ..... of jodhpur, affiliated by dr. s.n. medical college, jodhpur. the medical qualification awarded by the nbe, was included in the first schedule, appended to the act of 1956, and was at par with the pg medical qualifications of the indian universities. the notification dated 03.10.1994, in the bulletin of information and .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the court from whom the aforesaid information was received. it emerges from the facts that the sho, police station bhirani while sitting in the police station made inquiry on telephone and recorded the fact that deceased dhanni devi died on 31.3.2005 and her husband is absconding, so also, the body was cremated by ..... prosecution has failed to prove its case beyond reasonable doubt. consequently, this cr. jail appeal is hereby allowed. the judgment passed by the learned addl. sessions judge, bhadara, district hanumangarh dated 30.11.2006 in sessions case no.9/2005 convicting and sentencing the accused appellant veer singh for offence under section 302 ipc is ..... place of occurrence and other material pieces of bangles etc lying on spot were seized and after arrest accused appellant give information under section 27 of the evidence act about the agricultural equipment (danti) and upon said information danti was recovered. the site plan of the place of recovery was prepared and upon information of .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... by the accused appellant narayan s/o pratap, resident of gangapura, district bhilwara to challenge the judgment dated 25.9.2008 passed by the learned addl. sessions judge no.1, bhilwara in sessions case no.20/2007 whereby the accused appellant was convicted for offence under section 302 and 397 ipc. as per the brief facts ..... case based on circumstantial evidence. . last seen evidence is one of species of circumstantial evidence. last seen evidence as per part iii section 7 of indian evidence act, 1872, is relevant evidence against accused. for proving this evidence it is essential for the prosecution to prove two things, being that the accused was seen alone ..... a fact situation, we reach the inescapable conclusion that no presumption can be drawn against the said two respondents/accused under section 114 illustration (a) of the evidence act. no ad- vers.inference can be drawn on the basis of re- coveries made on their disclosure statements to connect them with the commission of the crime. 9 .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... to appeal has been filed under section 378(iii) and (i) of cr.p.c. by the state against the judgment dated 23.10.2013 passed by the learned special judge sc/st cases, bhilwara in sessions case no.54/2010 by which the learned trial court acquitted the respondents for the offences under section 323, 324 and 307 ipc and ..... under section 3(2)(5) and 3(1)(10) of the sc/st (prevention of atrocities) act. 2. as per the facts of the case the complainant arun kumar khatik pw-4 gave statement at mahatma gandhi hospital on 7.8.2010 at 12.30 p.m ..... ipc and under section 3(2)(5) and 3(1)(10) of the sc/st (prevention of atrocities) act. the case was committed to the sessions court and finally the trial took place in the court of learned special judge, sc/st (prevention of atrocities) act, bhilwara. 4. in the trial, the statement of 16 prosecution witnesses were recorded and 19 documents were .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... judicial magistrate, osiyan, district jodhpur from where the case was committed to the sessions court, jodhpur from where the case was transferred to the court of addl. sessions judge (fast track) no.1, jodhpur. during trial, in all statements of 11 prosecution witnesses were recorded and some documents were exhibited. thereafter, the statement of the accused ..... to section 300 clearly brings out this point. clause (c) of section 299 and clause (4) of section 300 both require knowledge of the probability of the act causing death. it is not necessary for the purpose of this case to dilate much on the distinction between these corresponding clauses. it will be sufficient to say that ..... other person, it will be a murder within the meaning of section 300 of the code and punishable under section 302 of the code but where the act is done without intention on grave and sudden provocation which is not sought or voluntarily provoked by the offender, the offence would fall under the exceptions to .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... vyas,j.].the instant cr. jail appeal has been filed by the accused appellant chaina ram against the judgment dated 21.1.2006 passed by the addl. sessions judge (fast track).rajsamand in sessions case no.29/2005 whereby the learned trial court convicted the accused appellant for committing offence under section 302 ipc and passed sentence ..... of arrest upon which blood was found. likewise an axe was also recovered as per the information given by the accused appellant under section 27 of the evidence act, but fact remains that whether there is cogent evidence to connect the accused appellant with the crime. for the purpose of ascertaining the correctness of facts, we ..... evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. these five golden principles, if we may say so, constitute the panchsheel of the proof of a case based on circumstantial .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... 801 : air 1976 sc 1760) as under: "these observations directly cover the case before us because the labour court, in the instant case, found that the inquiry was defective as it infringed the principles of natural justice, it came to the conclusion after considering the evidence adduced before it, that the dismissal was justified. the award ..... born. is this assumption jurisprudentially correct? 7. it is significant that the constitution bench decision in kalyani, (air 1963 sc 1756), by which the three-judge bench was bound, is referred in gujarat steel and attempt made to indicate that there is no difference in the view taken therein. it is also significant ..... order dated 28.1.1992. at the request of the petitioner institution, the tribunal itself conducted an enquiry against the workman under section 11a of the act and reached to the independent conclusion that the respondent workman was guilty of gross misconduct. his behaviour was found to be abusive and offensive. numerous complaints .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the jeep there was no intention to murder but it is the duty of every citizen in the mid-night to give his clear identity when police is making any inquiry while asking to stop the vehicle but here in this case, admittedly, while breaking the check post, the accused party ran away in the jeep and upon chasing ..... g.k.vyas) both above appeals are filed under section 374(2) cr.p.c.by the appellants against the judgment dated 17.5.2007 passed by the sessions judge, balotra in sessions case no.34/2005 whereby present appellants mangi lal and oma ram alongwith pukhraj who died during pendency of appeals were convicted and following punishment was ..... was performing its police duty. therefore, if at the time of performing duty gunshot injury will be caused by the fire arm then intention can be gathered from the act that intention to kill arose on spot when occurrence took place. as per the argument of learned public prosecutor the grounds submitted by the appellants for not committing offence under .....
Tag this Judgment!