Court : Rajasthan
Decided on : Feb-01-1990
Reported in : 1990(2)WLN11
..... , though there is no escape from coming to the conclusion that it were the accused who had the common intention to beat e deceased ram prasad and chestising for the act of his using filthy words to vijay singh who was all alone in the field at that point of time. in our opinion constructive liability under section 34, ipc can .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-30-1990
Reported in : 1990(2)WLN24
R.S. Verma, J.1. Learned Addl. Sessions Judge No. 1 Hanumangarh exercising jurisdiction in Sessions Division. Sriganganagar, has convicted accused-appellants Inder Singh alias Thunia Singh & Nahar Singh for offences Under Sections 302 read with 34, IPC and 450 IPC. On the first count, he has sentenced each one of the appellants to undergo imprisonment for life and to pay a fine of Rs. 1000/- each and in default to undergo further rigorous imprisonment for six months. On the second count, each of the appellants has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/- each end in default, to undergo further rigorous imprisonment for three months each. Both the substantive santence have been ordered to run concurrently. Aggrieved Inder Singh has filed D.B Criminal Jail Appeal No. 367/85 while Nahar Singh has filed D B. Criminal Jail Appeal No. 368/85. Since both the appeals arise out of a common judgment, they have been heard together and are bein...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-23-1990
Reported in : 1990(2)WLN49
..... undergo two months simple imprisonment each under section 302 read with section 149 ipc appellant malkiyat singh was also convicted under section 148 ipc and section 27 of the arms act and was sentence to one year's rigorous imprisonment on the first count and one year's rigorous imprisonment and a fine of rs. 200/-, in default to one month .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-08-1990
Reported in : 1990(2)WLN60
B.R. Arora, J.1. These two appeals are directed against the judgment dated 29th of November, 1976 passed by the Additional Sessions Judge, Ajmer, Camp Jalore, convicting the appellant, Under Section 302, IPC.2. The appellants were tried by the learned Additional Sessions Judge, Jalorc, Under Section 302/34, IPC, who after trial, convicted the appellants Kana, Khora and Chena, for the offences Under Section 302, IPC and awarded sentence of life imprisonment and a fine of Rs. 2000/- each and in default of payment of fine, the accused-appellants were further to undergo six months RI.3. The prosecution case, as put up in the FIR which was lodged by Khian at Police Station, Sanchore, on 1st March, 1976, is that the informant Khian was informed by his son Ramlal that he along with his uncle Sajan were coming to their Dhani after taking their meals at the residence of Chana. When they reached near the field of Kishna; the three accused persons who were hiding themselves behind the Akra bus ha...
Tag this Judgment!Court : Rajasthan
Decided on : Jul-27-1990
Reported in : 1990(2)WLN64
..... them. therefore, the trial court has rightly not relied upon the opinions of either of the handwriting experts. the trial court, therefore, under the provisions of section 73 of evidence act, itself compared the signatures and come to the conclusion that the signature said to be that of respondent no. 2 on ex. p/1 was forged. i, therefore, do not .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-02-1990
Reported in : 1990(2)WLN80
..... extent of 0.069 per cent w/v ethyl alcohol. this concentration was in excess of the concentration mentioned in section 65(2) of the bombay prohibition act it was observed that the prosecution has established that the specimen examined by the chemical examiner by the specimen blood of the appellant and that the specimen disclosed ..... complaint was filed by the excise inspector against the respondent. the respondent was charged for the offence under section 16 read with section 54 of the rajasthan excise act and after trial, the addl. munsif-cum-judtcial magistrate, beawar acquitted the respondent solely on the ground that the excise inspector in his statement bad not deposed ..... ladu, respondent, by the addl judicial magistrate, beawar by his judgment dated january 13,1982 for offence under section 14-read with section 54 of the rajasthan excise act, 1950.2. facs of the case are that shanti g. timetwar was excise inspector beawar and, on july 11, 1972 he along with excexise preventive force .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-08-1990
Reported in : 1990(2)WLN143
N.L. Tibrewal, J.1. The accused-appellant Fatta Ram was convicted Under Section 326 and 324 IPC by the learned Addl. Sessions Judge, Sri Ganganagar in sessions case No. 26/79 and was sentenced to two years' R.I. and a fine of Rs. 500/- and six months' R.I. and a fine of Rs. 200/- respectively. Aggrieved against his conviction and sentences the appellant has preferred the present appeal.2. The prosecution case is that on 17-1-1978, the injured Jasbir Singh accompanied with Pritam Singh Bhati and other person went to the village 4B in district Sri Ganganagar. They had gone to converse for the candidature of Pritam Singh Bhatti who was contesting the Panchayat election. It is alleged that Fatta Ram was also approached by them for his vote but he refused to oblige saying that Jasbir Singh had come to ask for the vote and they was having enmity with him Other persons were also present at that time and it is further alleged that the accused-appellant also abuses but be was pacified by other ...
Tag this Judgment!Court : Rajasthan
Decided on : Jul-24-1990
Reported in : 1990(2)WLN153
N.L. Tibrewal, J.1. The appellant stood convicted Under Section 376 IPC by the learned Sessions Judge, Balotia, in Sessions Case No. 34/78 and was sentenced to two years R.I. and a fine of Rs. 500/-. In default of payment of fine the appellant was further required to undergo three months R.I.2. The prosecution case as, given out in the report Ex. P/1, is that in the afternoon of 12-9-1977 Mst. Premi was returning to her house from the filed after handing over the meals to his brother Jetha. It is alleged that the accused Rekha Ram caught hold of her in the way and committed sexual intercourse without her consent. The prosecution case further is that P.W. 4 Labu and P.W. 5 Mukna heard the noise of Mst. Premi and they rebuked the appellant.3. It is note worthy that no report was made about the occurrence on 12-9-77, though Mst. Premi is said to have narrated the story to her mother on the same day in the evening and his brother Jetha had also come at the house on the same day. The report...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-16-1990
Reported in : 1990(2)WLN188
..... prosecution or suo moto by the court to elicit the facts which otherwise have not been brought on record by the prosecution or the defence. the court has not to act as investigating agency by recalling the witness in the manner it has been done. it is true that the court has unbriddle power to re-summon or. call the witness ..... before conclusion of the trial but that discretion has to be sound judicial discretion and thus judicial act must be based on sound judicial principles and not acting as prosecutors or persecutors. i am fortified in view by the decision of this court reported in 1986 rlw 112.2. before, conclude, i would .....
Tag this Judgment!Court : Rajasthan
Decided on : May-29-1990
Reported in : 1990(2)WLN301
..... well within its rights to have terminated their services when the same were not required any more after fully observing the provision of section 25 of the i.d. act, therefore, question of any violation of articles 14 and 16 of the constitution does not arise. it is submitted that the retrenchment orders were issued after the decision ..... d.kumar as administrator is illegal and not in accordance with law as the notification was not published in the gazette as required by the relevant provisions of the act/rules arid the circular dated february 10, 1988 (annexure-18) issued by mr.d.kumar himself regarding assuming his charge cannot be substituted to the notification. it ..... /- as compensation (total rs. 1318/-) was sent by cheque along with the above mentioned order. it is submitted that provisions of section 25f of the i.d. act were hot followed in case of either of the petitioners. it is also submitted that one chandra prakash baradia was appointed on work charge basis on october 1, 1986 has .....
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