Court : Rajasthan
Decided on : Jan-12-1995
Reported in : 1995CriLJ1853; 1996(1)WLC596
..... in the house and, therefore, the khunt had already been recovered by the police. it cannot be said to be a discovery made under section 27 of the indian evidence act. this evidence, also, therefore, cannot be read against the accused-appellant.16. the last evidence, on which reliance has been placed by the prosecution and which has been believed by ..... in all respects, leaving no reasonable ground of conclusion consistent with the innocence of the accused and it must be such as to show that within all human probabilities she act must have been done by the accused. in view of the law laid-down by the supreme court, in the case where the evidence is of circumstantial nature, it has .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-21-1995
Reported in : AIR1996Raj6; 1995(2)WLC640; 1995(1)WLN480
..... of the indian succession act and was considering as to whether probate of the will of sohanlal should be granted or not. when the question of marriage and divorce, in such ..... justified in completely ignoring irrelevant evidence and non-mention of such evidence which is irrelevant in itself is no error of law. the question of indian majority act, not being applicable to a marriage is again supremely insignificant for the controversy on the issue. the learned district judge was deciding a petition under section 276 ..... late shri sohanlal could not be bequeathed since bequest can only be made in respect of transferable properties. in this respect section 6 of the transfer of property act may be relevant to be noticed. clause (g) of the said section clearly puts, pension payable to civil pensioners of government has been clearly exempted from .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-19-1995
Reported in : 1995CriLJ2050; 1995(1)WLC713
..... the offences under sections 366a and 376, ipc as also for the offence under section 3(ii)(v) of the scheduled caste & scheduled tribe (prevention of atrocities) act, but found him guilty for the offence under section 354, ipc and sentenced him in the manner indicated above. hence this appeal.3. i have heard shri ..... judge charged the appellant for offences under sections 342, 366a and 376, ipc and under section 3(2) of the scheduled caste & scheduled tribe (prevention of atrocities) act, who denied the inducement and claimed trial. the prosecution examined as many as 15 witnesses. the appellant in his plea recorded under section 313, cr. p.c. denied ..... j.1. this appeal has been directed against the judgment dated 1-5-1993 passed by the learned special judge, scheduled caste & scheduled tribe (prevention of atrocities) act, cases, dungarpur, whereby he convicted the appellant for the offence under section 354, ipc and sentenced him to undergo six month's simple imprisonment.2. briefly stated .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-19-1995
Reported in : 1996CriLJ740; 1995(3)WLC232; 1995(1)WLN261
..... or persons without resorting the procedure prescribed for proclamation under section 457(2) cr.p.c. inasmuch as there is a presumption under section 110 of the indian evidence act that a person who is in actual physical possession of the property is owner of such property unless contrary is shown or established. however, the anamoly is left ..... seized by the police as contemplated under section 457 cr.p.c.12. in my considered opinion, there is always presumption under section 110 of the indian evidence act that a person who is in actual physical possession, of the property is the owner of such property unless contrary is shown or established. in the present case ..... and other persons. an information was also sought by this court from the learned counsel for the state regarding confiscation of these articles under section 111 of the customs act. after long interval of nine months, the present case is posted before me for final disposal but the learned counsel for the state is not able to give .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-13-1995
Reported in : 1995CriLJ3952; 1995(3)WLC304; 1995(1)WLN337
..... and while maintaining the appellant's conviction for the offence under section 324, i.p.c. the amount of compensation imposed on him under section 5(1)(a) of the act is reduced from rs.2000/- to rs.200/- (rs. two hundred) only. the appellant will deposit the said compensation amount within thirty days, failing which the said amount shall ..... judge that in default of payment of compensation the appellant shall undergo r. i. for two years is patently illegal and contrary to the provisions of section 5 of the act as also the provisions of sections 421 and 422, cr. p. c, which cannot be sustained.10. as regards the quantum of compensation, i am of the considered opinion ..... the rival submissions. after convicting the appellant for the offence under section 324 i.p.c. the learned trial judge has directed for his release under section 4 of the act by giving him benefit of probation of good conduct on his furnishing personal and surety bonds for an amount of rs. 2000/ - to keep peace and be of good .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-03-1995
Reported in : 1996CriLJ251
..... there is present an intent coupled with some overt act in execution thereof. in that case, the learned sessions judge after trial, convicted the accused persons under section 307, i.p.c, but the bombay high court set ..... victim of the assault should be sufficient under ordinary circumstances to cause the death of the person assaulted and that what the court has to see is whether the act, irrespective of its result, was done with the intention or knowledge and under circumstances enumerated iii section 307, i.p.c. it is sufficient in law, if ..... going through the material on record. the learned sessions judge thereafter transferred this case to the court of learned special judge, s.c. & s.t (prevention of atrocities) act cases cum addl. sessions judges, who by his impugned order dated 17-7-1991 discharged the accused respondent vikram singh for the offence under section 307, i.p.c, .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-12-1995
Reported in : 1996CriLJ1055
..... 5-10-93 and has already suffered imprisonment of one year, three months and seven days, be released on probation of good conduct under section 4(1), probation of offenders act, 1958 and he may be directed to pay an amount of rs. five thousand as compensation to pw 6 smt. chandri, widow of deceased ratanlal r/o village bagaspura,15 ..... his death. he was found guilty of the offence under section 304 part ii. there was no previous conviction of the accused and his antecedents were also not bad. the act was done in grave and sudden provocation. it was held that the accused deserved the benefit of probation.13. similar are the facts of the case on hand. here, the .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-13-1995
Reported in : 1996CriLJ1291
..... the hon'ble supreme court in the aforesaid case has clearly observed as follows (para 12 of cri lj):--'if an arrest or search contemplated under the provisions of ndps act has to be carried out the same can be done only by competent and empowered magistrate or officers mentioned therein.'it has further been observed as follows (para 14 ..... are attracted when there is reason to believe that any person who is sought to be arrested and search has committed any offence punishable under section 4 of the act.it has been further observed at para 11 of the judgment as follows :--'...under section 42 only officers mentioned therein and so empowered can make the arrest or search ..... by an officer not empowered, the trial is vitiated. in this case also it has to be held that since shri kashi ram was not the empowered officer to act under section 42 and 43, the search and arrest becomes illegal and the conviction cannot be sustained.8. coming to the second contention of learned counsel for the appellant .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-03-1995
Reported in : 1996CriLJ54; 1996(1)WLC572
..... police station, the information regarding the incident was transmitted to the immediate official superior through wireless message. however, a copy of such message was not available, pw 6 bal want rai, sho, has stated that he had sent the information to the s.p. on the same day, after the search, seizure of contraband and arrest of ..... asi and pw 6 balwant rai, s.h.o. is replete with material discrepancies, contradictions and infirmities and, as such the offence under section 8/20 of the act has not been proved beyond reasonable doubt against the appellant. he has contended that in this case, the material link evidence is also missing because the prosecution miserably ..... judge, churu and thereafter to the court of addl. sessions judge, ratangarh, who have been invested with the powers of the special judge, n.d.p.s. act cases, the cognizance was taken by the learned special judge and trial commenced. in such circumstances, the trial of the appellant does not suffer from any vice or inherent .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-03-1995
Reported in : 1996CriLJ1191; 1996WLC(Raj)UC479
..... held that until transfer of ownership is entered in certificate of registration, person in whose favour such certificate stands is presumed to be the owner under section 114, evidence act. there is no dispute about the correctness of this dictum of law. as mentioned earlier under section 452, cr. p. c. a magistrate has not to decide ..... may be with somebody else, was pointed out in the oriental fire and general insurance co.'s case. it was further held that the provisions of motor vehicles act regarding registration and issue of permit have nothing to do with the ownership of the vehicle, that those documents only provide for regulation of the use of the ..... the registration certificate, insurance certificate, and any other documents pertaining to the said truck. the s. h. o. seized the said truck under section 207, motor vehicles act. on 23-6-94, he submitted a criminal complaint against petitioner benidan, as the alleged owner of the said truck and inder singh, driver in the court of learned .....
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