Court : Rajasthan
Decided on : Sep-26-2002
Reported in : 2003CriLJ115
Khem Chand Sharma, J.1. This appeal under Section 374(2) of the Criminal Procedure Code is directed against the judgment of conviction and order of sentence dated 16th January, 1998 passed by the learned Judge, Special Court (Communal Riots) and Additional Sessions Judge, Tonk by which he has convicted appellant Amba Lal for offence under Section 302, I. P. C. and sentenced him to undergo life imprisonment and to pay a fine of Rs. 200/-, in default of payment of fine to further undergo one month's imprisonment. Under Section 3/25 of the Arms Act, the appellant has been sentenced to suffer three years' imprisonment and to pay fine of Rs. 200/-, in default of payment of fine to further undergo one month's imprisonment.2. The relevant facts giving rise to this appeal are that on 17-4-1996 at 11.30 a.m. Dev Lal P. W. 1 submitted a written report. Ex. P. 1 on the spot to SHO Police Station Dooni, District Tonk alleging therein that in the morning, he left the house for Raj Mahal for some wo...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-26-2002
Reported in : 2003(1)WLC3; 2003(3)WLN339
F.C. Bansal, J.1. The appellant Prem Singh was indicted by learned Additional Sessions Judge No. 1, Kota in Session Case No. 36/95 for having committed murder of Deepak. He has been convicted and sentenced under Section 302, IPC vide its judgment dated April 6, 1998 to undergo imprisonment for life and a fine of Rs. 500/- in default of payment of fine to further undergo two months rigorous imprisonment. Against this judgment of conviction and sentence the present action for filing the appeal has been resorted to by the appellant.2. Briefly stated the prosecution story is that on 11.6.1995 at 11:05 P.M., P.W. 14 Rajendra Singh Rathore, SHO, P.S. Kunhadi, Kota City recorded 'Parcha Bayan' Ex. P. 1 of Smt. Rekha (P.W. 1) W/o Bheru Lal, by caste-Dhobi, R/o Sakatpura, (Kota City) at her house, wherein she stated that today after around 7:30 P.M., she and her nephew Pappu @ Deepak were ironing clothes. At that time Hansraj and Satya Narain quarrelled each other and Sattu chased Hansraj when ...
Tag this Judgment!Court : Rajasthan
Decided on : Jul-26-2002
Reported in : RLW2003(4)Raj2603; 2003(1)WLC563
Misra, J.1. The petitioner Commercial Taxes Officer has preferred this revision petition against the order of the Rajasthan Tax Board dated 21.4.98 wherein it has been held that the product sold by the respondent-company which are Hose-collar, Hose-socket, Hose connector, Hose-clip, foot-valve are the items used in water pump and hence, the sales-tax which was leviable under these items would be 10% as it will have to be treated as a residuary item which prescribes 10% tax only. Thus, the order passed by the Assessing Authority and the Appellate Authority holding therein that it should be leviable under item No. 78 which specifies 12% tax for all types of sanitary goods and all types of pipes and pipe-fittings cannot be levied as the items manufactured by the respondent herein would fall in the residuary items. Consequently, the orders passed by the quasi judicial authorities were set aside by the Rajasthan Tax Board at Ajmer.2. The petitioner-Department through the Commercial Taxes Of...
Tag this Judgment!Court : Rajasthan
Decided on : Jul-17-2002
Reported in : [2002(95)FLR898]; RLW2003(3)Raj1829; 2002(4)WLN671
Sunil Kumar Garg, J.1.This writ petition under Articles 226 & 227 of the Constitution of India has been filed by the petitioner on 11.5.1992 against the (SIC) with the prayer that by an appropriate writ, order or direction, the judgment dated 28.11.1991 (Annex.8) passed by the No. 1-Authority under the Rajasthan Shops and Commercial Establishments Act, 1958, Sri Ganganagar be quashed and set aside.2. It arises in the following circumstances:The respondent No. 2 Tilak Raj filed a claim petition under Section 28-A of the Rajasthan Shops and Commercial Establishment Act, 1958 (hereinafter referred to as 'the Act of 1958') before the respondent No. 1 Authority under Shops and Commercial Establishment Act, 1958, Sri Ganganagar (for short 'the Authority') on 8.5.1989 stating inter alia that the respondent No. 2 had been functioning as Manager in the New Light talkies, Raisingh Nagar District Sri Ganganagar and he was being paid salary of Rs.1075/- per month since 15.4.1979 and the services o...
Tag this Judgment!Court : Rajasthan
Decided on : Jul-15-2002
Reported in : 2002(4)WLC22; 2003(3)WLN363
F.C. Bansal, J.1. This appeal is directed against the Judgment dated 13.11.1997, passed by learned Special Judge (Fake Currency Cases), Jaipur City, Jaipur, whereby the appellant - Ritesh Bhargava @ Bunti has been convicted for the offence under Section 302, IPC and sentenced to undergo imprisonment for life with a fine of Rs. 2000/-, in default of payment of fine to further undergo 4 months' Rigorous Imprisonment.2. The brief facts of the prosecution case are that P.W. 1-Smt. Sita W/o Gulab Singh Choudhary resident of Plot No. 120, Shiv Colony, New Sanganer Road, Jaipur, made a verbal report (Ex. P. 1) to S.H.O. Police Station-Sodala on 24.6.1994 at 8.00 A.M. It was, inter alia, stated in the report that yesterday at 10.00 P.M. she alongwith her husband Gulab Singh, her son Manoj and Miss Prabhati, who is daughter of her Jeth was sitting in her house. Bunti and Raju: a pick-pocket, along with a person entered in the house. Her husband Gulab Singh made them to sit and asked her to prep...
Tag this Judgment!Court : Rajasthan
Decided on : May-07-2002
Reported in : [2003(97)FLR696]; RLW2003(2)Raj1080; 2002(3)WLC546
Bansal, J.1. This appeal is directed against the judgment dated April 21, 1995 passed by the learned Additional Sessions Judge, Sikar whereby the appellant-Nisar has been convicted for offence Under Section 302 IPC and sentenced to undergo imprisonment for life with a fine of Rs. 1,000/-, in default of payment of fine to further undergo one year rigorous imprisonment. He has also been convicted for offence under Section 324 IPC and sentenced to undergo imprisonment for two years rigorous imprisonment with a fine of Rs. 500/-, in default of payment of fine to further undergo six months rigorous imprisonment. Both the sentences were ordered to run concurrently.2. The brief facts of the prosecution case are that on receiving telephonic message on the interviewing night of September 18/19, 1994, PW-14 Samudra Singh, SHO, P.S., Fatehpur reached at the house of the appellant situated in Ward No. 28, Fatehpur and recorded the statement of Ms. Jannat (PW-1) D/o Babu Khan S/o the appellant- Nis...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-22-2002
Reported in : RLW2003(2)Raj1048; 2002(3)WLC408; 2003(1)WLN207
Sharma, J.1. The appellant, a security guard, was indicated before the learned Special SC & ST (Prevention of Attrocity Cases) Ajmer in Sessions Case No. 20/95 (171/1994) for having committed murder of Head Constable Ganpat Paswan and Constable Ahmed Ali. The learned trial Judge vide judgment dated May 20, 1997 convicted the appellant under Sections 302 and 307 IPC and sentenced him in each of the section to undergo imprisonment of life and fine of Rs. 1000/- in default to further suffer six months Rigorous imprisonment. The sentences were directed to run concurrently. In the instant appeal the appellant has assailed the aforesaid finding of the learned trial Judge.2. On the Tower Posts that have been constructed all round the Central Jail Ajmer, the CRPF deploys its security guards to keep 24 hours vigil on the inmates of the Jail. On the fateful day of June 30, 1994 Head Constable Ganpat Paswan and constable Ahmed Ali, after discharging their security duties were steeping on their re...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-05-2002
Reported in : 2002(3)WLC471
Sharma, J.1. Instant appeals stem from the judgment dated August 22, 1996 of the learned Sessions Judge Sawai Madhopur in Sessions Case No. 36/1996 whereby the appellants Prem Shanker and Yogesh were convicted and sentenced as under-Prem ShankerU/s. 302/34 1PCto suffer imprisonment for life and fine of Rs. 500/-in defaultto further undergo three months S.I.YogeshU/s. 302/34 IPCto suffer imprisonment for life and fine of Rs. 500/-in defaultto further undergo three months S.I.U/s. 324 IPCone year R.I. and fine of Rs. 100 in default to further sufferone month S.I.Acquittal of other four accused Shatrughan. Sita Ram, Prahladand Arun Kumar has however been assailed by the State of Rajasthan.2. Incident giving rise to these appeals as per Parcha Bayan of injured Anil Sharma occurred on June 6, 1994 at 9.45 a.m. when on his shop Arpan Garments Anil was sitting alongwith his father Govind Prasad (deceased), brother Bhawani Shankar (injured) and uncle Nathu Lal (deceased), suddenly Yogesh, Prem...
Tag this Judgment!Court : Rajasthan
Decided on : Mar-14-2002
Reported in : 2002(3)WLC432
Khem Chand Sharma, J.1. This criminal appeal by accused appellant Mohd. Nazim has been preferred against the judgment and order dated September 29, 2000 passed by the Special Judge (Communal Riots Cases), Tonk by which he convicted the accused appellant for the offence under Section 304(I) I.P.C. and sentenced him to 10 years rigorous imprisonment with a fine of Rs. 500/-, in default of payment of fine, to further undergo imprisonment for one month.2. Succinctly stated the contextual facts of the case are, that on 12.8.1998, PW 1 Ahmed Khan, complainant lodged a written report, Ex. P1 at Police Station Kotwali, Tonk alleging therein that while his grand son Kafil along with PW 5 Irfan and PW 14 Arif was on way to market, appellant Mohd. Nazim called all of them at his shop and asked Kafil (since deceased) as to where the goat has eaten his male organ, where the stitches were put and that why he was defaming him. There-upon, some altercation took place between accused Nazim and deceased...
Tag this Judgment!Court : Rajasthan
Decided on : Mar-14-2002
Reported in : RLW2003(1)Raj70
Sharma, J.1. This criminal appeal by accused appellant Mohd. Nazim has been preferred against the judgment and order dated September 29, 2000 passed by the Special Judge (Communal Riotes Cases), Tonk by which he convicted the accused appellant for the offence under Section 304(1) I.P.C. and sentenced him to 10 years rigorous imprisonment with a fine of Rs. 500/-, in default of payment of fine, to further undergo imprisonment for one month.2. Succinctly stated that contextual facts of the case are, that on 12.8.1998 PW-1 Ahmed Khan, complainant lodged a written report, Ex.P1 at Police Station Kotwali, Tonk alleging therein that while his grand son Kafil along with PW-5 Irfan and PW-14 Arif was on way to market, appellant Mohd. Nazim called all of them at his shop and asked Kafil (since deceased) as to where the goat has eaten his male organ, where the stitches were put and that why he was defaming him. There-upon, some altercation look place between accused Nazim and deceased Kafil. The...
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