Court : Gujarat
Decided on : Aug-09-1960
Reported in : AIR1961Guj16; 1961CriLJ251; (1960)GLR145
..... the evidence of witness mera vala and the dying declaration before the witness banesing are reliable pieces of evidence in the case and the learned sessions judge was right in acting on thatevidence and holding that the prosecution had established that the three accused persons had assaulted rana with sticks on the night of 21-9-1959.12 ..... wants to hold all the three accused persons responsible on the principle of joint liability embodied in section 34 of the indian penal code.14. the learned sessions judge took the view that there was common intention but held that that common intention was not to commit culpable homicide not amounting to murder. according to him, the ..... common intention was to commit grievous hurt, and, on that view, the learned sessions judge convicted the three accused persons of the offences under section 325 read with section 34, i. p. c. both the sides have felt aggrieved by this decision of .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-16-1960
Reported in : AIR1961Guj57; 1961CriLJ499; (1960)GLR249
..... which he directed the chief officer to make in regard to the above mentioned proceedings and travelling expenses as stated above. the learned magistrate himself made an inquiry on receipt of this complaint under the provisions of section 202 of the cr. p. c., and on 9th january 1960, issued a bailable warrant. ..... magistrate dismissed the application of the accused-applicant. against this order of the learned magistrate, a revision application was filed before the learned sessions judge. the learned sessions judge in a detailed and careful order came to the conclusion that in this case sanction was necessary holding that the accused was a public servant ..... not removable except with the sanction of the state government and that the acts charged against him were done by him in his capacity as a public servant or purporting to act as such public servant. the learned sessions judge, under these circumstances, has expressed the view that sanction was necessary for the prosecution .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-13-1960
Reported in : AIR1961Guj109; (1961)GLR57
..... can only be achieved by a proper amendment of the constitution. he also held that rule 30 was binding on the central government only in an inquiry before it as a special tribunal. the learned judge, however, left open the question whether section 9(2) was a bar to the jurisdiction of the civil courts, but held that in any ..... was a citizen of india but was deported on the strength of his having registered himself as a foreigner under the registration or foreigners' act. 1939. it is true that the learned district judge has held that there was no proof adduced by him to show that he got himself so registered under force or compulsion as alleged by ..... to place certain materials before the court from which an irresistible conclusion could be drawn that swat state was part of india as defined in the government of india act, 1935. the learned chief justice has referred to several publications of the government of india as also certain maps and reports published under the auspices of the government. .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-29-1960
Reported in : AIR1960Guj30; 1960CriLJ1449
..... another only if the latter is competent to try the case as provided in s. 6 of the criminal law (amendment) act, in other words, if he is a special judge for the area in question. the special judge of rajnor has therefore no jurisdiction to try a special case arising out of the area of kutch, unless he is appointed a special ..... . c., the case could nevertheless be transferred to him in view of s. 526 (1), cr. p. c., but if incompetence of a judge to try a case was due to s. 6 of the criminal law amendment act, s. 526(1), cr. p. c., does not have the effect of removing that incompetent. a case like the present one can be ..... . a case can be transferred to a court which has jurisdiction to hear such case. in the case of offences mentioned in s. 6 of the criminal law amendment act, it is only special judges who have jurisdiction. section 6 of the criminal law amendment act reads as follows:-'the state government may, be notification in the official gazette, appoint as many special .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-28-1960
Reported in : [1962(4)FLR369]; (1961)GLR23; (1961)ILLJ585Guj
..... over a water tank, his face being covered with water. the post mortem examination showed that he died of heart disease. upon these facts, the county court judge held that the work upon which the deceased was engaged contributed to and accelerated his death and made an award in favour of his dependents. the appeal court also ..... suffering from serious aneurism and was employed in tightening a nut by a spanner when he suddenly fell down dead from rupture of the aneurism. the county court judge found upon conflicting evidence that death was caused by strain arising out of the ordinary work of the deceased operating upon a condition of body which was such ..... these findings of facts the learned lord chancellor considered binding. the question then arose whether on these findings the learned trial judge was entitled to regard the rupture as an 'accident' within the meaning of the act. the learned lord chancellor said that he was so entitled. 12. rupture was an untoward event. it was not designed and .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-27-1960
Reported in : AIR1961Guj34; (1961)2GLR23
..... over a water tank, his face being covered with water. the post mortem examination showed that he died of heart-disease. upon these facts, the county court judge held that the work upon which the deceased was engaged contributed to and accelerated his death and made an award in favour of his dependants. the appeal court also ..... from serious aneurism and was employed in tightening a nut by a spanner when he suddenly fell down dead from rupture of the aneurism. the county court judge found upon conflicting evidence that death was caused by strain arising out of the ordinary work of the deceased operating upon a condition of body which was such ..... these findings of facts the learned lord chancellor considered binding. the question then arose whether on these findings the learned trial judge was entitled to regard the rupture as an 'accident' within the meaning of the act. the learned lord chancellor said that he was so entitled. rupture was an untoward event. it was not designed and was .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-26-1960
Reported in : AIR1961Guj8; 1961CriLJ54a
..... explain how the accused sustained injuries. without such explanation, the prosecution evidence will not be complete and no court will be prepared to act on evidence which leaves a lacuna'.the learned judges of the travancore-cochin high court also observed as follows:'this is not a case where the accused admits having caused the injuries on ..... to whether the accused had caused the injuries or not but his doubt appears to be on tlie point whether they were acting in the right of privale defence. in his judgment the learned sessions judge has not considered the question whether the accused or any of them had exceeded the right of private defence, and further at ..... obvious fact that it was the deceased bhagwan, who had caused injuries to the three accused, the possibility that the accused were acting in the right of private defence cannot be denied. the learned judge then proceeded to observe that he felt reasonably certain that in fact it was a case of mutual free determined fight between the .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-06-1960
Reported in : (1961)2GLR256
..... of the incident and secondly because the appellant had not stated that the sexual intercourse was with the consent of the woman. on these two grounds the learned additional sessions judge found that sexual intercourse was without the consent of the woman. it may be that the woman had come to himatnagar only two months before the incident. she has ..... has not drawn our attention to any other evidence. when a person is charged with the commission of the offence of adultery with a woman or with doing an act with the intention of committing adultery with a woman it must be strictly and definitely proved that the woman is the legally wedded wife. the mere evidence of the ..... her alleged husband is not sufficient. see. i.l.r. 20 all 165 (r. v. dalsingh) 5 cal. 566 f.b. (emp. v. pitambar). proviso to section 50 evidence act provides that opinion evidence under that section is not sufficient to prove a marriage in a prosecution under sense 494 499 497 or 498 indian penal code the same principle .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-26-1960
Reported in : 1960CriLJ1588
..... order is made. but the question whether such grounds can give rise to the satisfaction required for making the order is, as observed above, beyond the scope of the inquiry under section 491 of the cr.pc on the other hand, the question whether the vagueness or indefiniteness of the statement furnished to the detained person is such as ..... the order was mala fide. the petitioner was acquitted as stated in the ground itself not because there was no basis for the charge against him but because the learned judge who tried him found that the case against him was not beyond reasonable doubt, and, therefore, the benefit of that reasonable doubt bad to be conferred upon him. ..... the sabarmati jail at ahmedabad since 4-3-1960 under an order dated 4-3-1960 passed by the district magistrate ahmedabad, under section 3 of the preventive detention act, being act iv of 1830. the grounds upon which order was issued were furnished to the detention the same day. on the 12th of match i960, the then government of .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-16-1960
Reported in : 1961CriLJ472
..... of an officer of the mint upon any matter or thing duly submitted to him for examination or analysis and report may be used as evidence in an inquiry, trial or other proceeding under the code. it is therefore necessary that the document must purport to be a report under the hand of an officer of the ..... him, the bundle containing the articles was lying outside his house. the appellant was kept outside and the panchanama was made in another house, the learned assistant sessions judge accepted the prosecution case, rejected the defence case and found that the articles in? question were in the possession of the appellant, that the appellant knowingly counterfeited or ..... no application to cases of improper admission or rejection of evidence. in the case of improper admission or rejection of evidence provisions of section 167 of the evidence act would apply. that section reads as under:the improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any .....
Tag this Judgment!