Court : Rajasthan
Reported in : 1950CriLJ209
..... coming to the question of sentence, the learned sessions judge has in awarding the lesser sentence taken into consideration the youth of the accused, he is a young managed between 28 and 25 years, and the judge has also considered the fact that there appears to have been no ..... i do not think much importance can be attached to the discrepancy as regards the length of the blade of the knife that was used by the accused; nor is there any force in the contention that it is not clear how far inside or cutaide the shop this witness was, when he is said to have seen the attack ..... swaroop on behalf of the accused in the sessions court and also before me, that even if it is held to be proved that the accused attacked the deceased with a knife, the offence would at the most be one of causing grievous hurt by a dangerous weapon under section 326, penal code, and not murder under section 302, penal code. ..... on the whole i can see no reason whatever why witness after witness should come forward and implicate the accused in a false case especially as nothing was urged against these witnesses which can go to doubt their veracity and show why their testimony should be ..... it is not disputed that somebody did inflict stab-wounds on the person of the deceased ishwari prasad on 22nd may 1947 and thereby caused his ..... for even if he was actually in the act of handing over his wheat to the man in the mill, it does not necessarily follow that it was impossible for him to look on the road and see what happened .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1950Raj51
..... :'(1) when any person who is a judge within the meaning of section 19, penal code, or when any magistrate, or when any public servant who is not removable from his office save by or with the sanction of a provincial government or some higher authority, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction: (a) in the case of a person employed in connection ..... with the affairs of the federation, of the governor-general exercising his individual judgment, and (b) in the case of a person employed in connection with the affairs of a province, of the governor ..... this article runs as follows :'except with the previous sanction of the raj pramukh no proceedings, civil or criminal, shall be instituted against any person in respect of any act done or purporting to be done in the execution of his duty as a servant of any covenanting state before the date on which the administration thereof is made over to the raj pramukh.'8. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1950Raj34
..... but i feel sure that the right given to an accused person by the proviso to section 350 was not intended to be exercised only in the trial warrant cases or in the trials before the courts of session ..... charge is framed and if the case has been transferred from one magistrate court to that of another before a charge has been framed, then apparently the proviso does not help the accused person at all. ..... section 350 is as under: '(1) whenever a magistrate, after having heard and recorded the whole or any part of the evidence in an inquiry or trial, and is succeeded by another magistrate who has and who exercises such jurisdiction, the magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself; or he may re-summon the witnesses and recommance the inquiry or trial: provided as follows: (a) in any trial the accused ..... the district magistrate acting on the evidence of khwaji recorded before shekh abdul rehman convicted the accused, and the question was whether the evidence recorded by the former magistrate even after the witness had been re-called ..... as observed above, held that the accused had a right to re call the witness and his subsequent statement could only be acted upon while his former statement was inadmissible ..... the succeeding magistrate were not evidence at one and the same time, and naturally the statement before the magistrate, who decided the case, was the one which could be acted upon. 9. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj12
..... to secure extradition of an accused person from the rest of india to the state of rajasthan, a warrant under section 7 of the indian extradition act is necessary, but it is not certain what procedure would be available for extradition of offenders from the state of rajasthan to the rest of india ..... according to section 177 of the criminal procedure code, all offences committed or alleged to have been committed by an accused person in the limits of the state of rajasthan whether extraditable or not are to be tried by a competent court in the state of rajasthan irrespective of the fact that the accused was extradited only for the trial of extraditable ..... as in the list of the extradition offences given in the first schedule to the said act, an offence under section 161, penal code does not find a place, the learned sessions judge has inferred in favour of the accused by implication that the intention of the legislature was to exclude the trial of persons extradited under the provisions of that act for offences other than those mentioned in the list. 11. ..... be taken to override the provisions of the criminal procedure code which was a general law, and as the offence under section 161 penal code was not an extraditable offence, the accused could not be tried for it, as he was extradited for the offences under sections 388 and 420, penal code only; (2) that the prosecution having acted under the provisions of the indian extradition act could not turn back and ignore the provisions of that .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj105
..... is subject to the restrictions contained in section 99 & section 99 lays down that there is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done by a public servant acting in good faith under colour of his office though that act may not be strictly justifiable by law. ..... the only point urged in this revn is that the warrant of attachment was illegal &, therefore, the four accused petnrs had committed no offence in resisting execution & in committing the alleged assault in order to save their property from wrongful ..... , it is obvious that if the process-server or the officer through whom he may have got the process had perused the warrant, it would have been quite clear that it was not addressed to any person &, therefore, the act of executing the warrant clearly lacked due care & attention. ..... is apparent that if the warrant is not endorsed for execution to any person whether by personal name or as holder of post, any person who may steal the warrant or may find the warrant could purport to act under the same. ..... my opinion, while the rule lays down that the warrant is to be delivered to the proper officer for execution, it contemplates that the name of such officer whether by his personal name or by designation should be entered in the warrant as otherwise it will not be possible for the judgment-debtor to know whether the person who has brought the warrant has authority to execute it. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1952CriLJ1236
..... the appellate court below, in the circumstances, has rightly held that the accused-applicant was driving the lorry at the time in question rashly or negligently and that this rash or negligent act on the part of the accused-applicant caused the death of the tehsildar and grievous injuries to some passengers. ..... the case of the defence is that at the time in question the right hand of the naib tehsildar fell on the steering wheel and thus the accused-applicant could not control the lorry, which he could have easily controlled otherwise. ..... the accused-applicant stands convicted under sections 304(a) and 338 of the i.p.c. ..... it is accordingly to be seen whether at the time of the accident in question the accused-applicant was driving the lorry with due diligence and caution or not.3. ..... the main contention of the counsel for the accused-applicant before the court is that the accused-applicant at the time in question was not driving the lorry rashly or negligently ..... the statement of the naib tehsildar runs as below:.about a furlong from the place of accident, sardar harcharan singh, asked the accused to drive the truck slowly, as there was a curve ahead. ..... it is not denied by the counsel for the accused-applicant that, if the lorry went down the 'khud' because of the own action of the accused-applicant, then he could not be held to have been driving with due diligence and caution.4 ..... the accused-applicant, in the circumstances, has rightly been convicted under sections 304(a) and 338 of the i.p.c. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj22
..... the inhibition of the article that the state shall not deny to any person equality before the law or the equal protection of the laws was designed to protect all persons against legislative discrimination amongst equals and to prevent any person or class of persons from being singled out as a special subject for discriminating and hostile legislation ..... the justification for continuing different laws and procedure in one part of the state as against another appears in the following words of that passage, which we should like to emphasise:'it would not be based on any respect of person or classes, but on municipal consideration alone, and a regard to the welfare of all classes within the particular territory or jurisdiction.'37. ..... is no doubt that on the 26th of january, 1950, any law which was in force in rajasthan and which denied to any' person equality before the law or the equal protection of the laws became void to that extent. ..... 1 of 1948 of the former state of mewar which provided in section 3 that all laws, ordinances, acts, rules, regulations, and notifications having the force of law in any covenanting state continued to remain in force until repealed or amended by a competent authority or unless otherwise provided in that ordinance or any other ..... it was held that the inherent difference between corporations and natural persons was sufficient to sustain a classification making restriction upon the right of non-residents to do business in the state applicable to corporations .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj158
..... the high court, by a full bench consisting of the chief justice and four others, quashed the conviction and directed the trial of the respondent and other accused persons according to law, against this order of the high court, an appeal was filed in the supreme court, and the case came up for hearing before a bench of seven judges, including the chief justice of ..... to a certain extent the remedies to which an accused person is entitled for redress in the higher courts have been cut ..... when it has been found by this court that the impugned order of the deputy commissioner, customs and excise, jaipur division, is clearly without jurisdiction, and the provisions of section 48 of the matsya ordinance clearly offended against the constitutional provisions of article 14 relating to fundamental rights of equal protection of law and equality before the laws, this court would not be justified in dismissing the application on ..... that case the governor of west bengal by a notification dated 26-1-1950, in exercise of the powers conferred by section 5 (1), west bengal special courts act of 1950 sent anwar ali sarkar and 49 other persons charged with various offences alleged to have been committed by them in the course of their raid as an armed gang on a certain factory known as the jessop factory at dum dum for trial by the special court established under the said act. ..... the right of the accused to call witnesses in defence has been curtailed and made dependent on the discretion of the special .....
Tag this Judgment!Court : Rajasthan
Reported in : 1954CriLJ357
..... when the case came to the sub-divisional magistrate, the accused applied under proviso (a) to section 350, sub-section (1), criminal p. c. ..... in such a case, the proceedings before the first magistrate stand, but the succeeding magistrate is bound to re-summon and re-hear such witnesses as the accused wants him to re-summon and re-hear. ..... i, therefore, accept the reference, and order the sub-divisional magistrate concerned to re-summon and re-hear the witnesses whom the accused wants to be re-summoned and re-heard. ..... in this case mohanlal accused wanted the succeeding magistrate to re-summon and re-hear all the prosecution witnesses, and it was his duty to re-summon and re-hear these witnesses, even though the proceedings, which had taken place before the ..... in that case the accused has a right to ask the magistrate to resummon and rehear all or any of the witnesses examined by the first magistrate. ..... provisions of section 350 (1) are quite clear. ..... a case under section 353, i. p.c. ..... he may act on the evidence recorded by his predecessor, or partly recorded by his predecessor and partly by himself, or he may resummon the witnesses and recommence the enquiry or trial. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj81
..... for the purpose of showing that no alternative remedy lay to the petitioners by virtue of section 46 of the administration of evacuee property act, and that notice was required under rule 14 of the administration of evacuee property rules. ..... the ejectment of a tenant was also illegal unless under certain condition given in rajasthan protection of tenants ordinance or under section 180 of alwar state land revenue code which did not obtain in the present case.it is, therefore, complained that the actions of these authorities ..... it might be inferred that the naib tehsildar and resettlement tehsildar concerned took action under the administration of evacuee property act or were invested with the powers of custodian, deputy custodian or assistant custodian when the action complained of was taken ..... 1950 sc 222 (c) held that 'wherever any body of persons having legalauthority to determine questions affecting rightsof subject and having the duty to act judicially,act in excess of their legal authority a writ ofcertiorari may ..... case for the issue of a writ of prohibition or certiorari or mandamus restraining the lessor from taking possession of the lands.in the present case, as has been said above, the officers concerned either acted as agents of the lessor or as persons having no authority. ..... naib tahsildarconcerned have, in the context of the present casesnot been shown to be persons having legal authority to determine questions affecting rights of subjects or having the duty to act judicially. .....
Tag this Judgment!