Court : Rajasthan
Decided on : Jan-22-2001
Reported in : 2001CriLJ2647; II(2001)DMC359; 2001(2)WLC367; 2001(2)WLN165
ORDERGarg, J.1. This criminal misc. petition u/S. 482 Cr.P.C. has been filed by the accused petitioner against the order dated 16.9.1999 passed by the learned Sessions Judge, Dungarpur in Criminal Mise. Case No. 282/99 by which he cancelled the bail granted earlier to the accused petitioner u/S. 438 Cr.P.C. on 23.8.1999 in a case FIR No. 99/99, Police Station Vardha for the offence under sections 498A and 307 IPC and later on 302 IPC was added.(2). It arises on the following circumstances:-On 18.8.1999, the complainant Oanesh Lal lodged a report before the Police Station Vardha District Dungarpur to the effect that his sister Sarla (hereinafter referred to as the deceased) was married with Vinod S/o Lal Shanker and on 16.8.1999 her husband Vinod Kumar and mother-in-law Smt. Sharda (present accused petitioner) burnt her. On that report, FIR No. 99/99 was registered at the Police Station Vardha for the offence u/S. 307 and 498A IPC and investigation was started.(3). It is further stated ...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-25-2001
Reported in : 2001CriLJ2119; 2001(4)WLC443; 2001(2)WLN160
ORDERGarg, J.1. This petition u/S. 482 Cr.P.C, has been filed by the petitioner Nathu Khan (hereinafter referred to as the party no, 1) for quashing the order dated 28.7.2000 passed by the learned Additional Sessions Judge, Bikaner in criminal revision no. 1/2000 and the order dated 27.12.1999 passed by the learned Sub Divisional Magistrate, Khajuwala in Criminal Case No. 320/1999 by which the learned SDM withdrew the order of attachment of the property in question dated 22.10.1999 and directed that disputed properly be given to the main allottee Rameshwarlal and dropped the proceedings under Section 145 Cr.P.C.(2). It arises in the following circumstances:On 17.10.1999, report was made by the parly no. 1 against the respondents No. 2 to 4 (hereinafter referred to as the parly no. 2) in the Police Station Chhatargarh and on that report, SHO, Police Station Chhatargarh filed a complaint u/S. 145 Cr.P.C. before the learned Sub Divisional Magistrate, Khajuwala on 22.10.1999 staling inter-...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-21-2001
Reported in : 2002(5)WLC386; 2002(4)WLN328
..... particular number of witnesses in any case are required for proving any fact as it is evident from section 134 of the indian evidence act. conviction can be based on sole statement of a witness and evidence has to be weighed and not counted.24. apart from this ..... and the opportunity available which the accused gets.29. it may also be pointed out here that in coming to the conclusion, the act of the accused should be kept in mind and not the result. in other words, the angle of guilt has to be viewed ..... course of nature to cause death. thus, the accused appellant attempted to cause death of p.w. 1 jafar by doing the act if completed would have been imminently dangerous that it would have in all probability caused death or such bodily injury as is likely to ..... cause death.32. so far as argument that the act of accused appellant would be covered by section 334 i.p.c. is concerned, in my considered opinion, it has no force .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-05-2001
Reported in : 2001(2)WLC597; 2001(2)WLN250
ORDERLakshmanan, C.J. (1). Heard Mr. M.R. Singhvi, learned counsel for the petitioner and Mr. Sangeet Lodha, learned counsel for respondent No. 1 and 2 and Mr. Govind Mathur for responden! No. 4.(2). This writ petition has been filed to quash the impugned order dated 23rd March 1995 appointing respondent No.3 and 4 as Carpenters in the Rajasthan High Court at Jaipur and Jodhpur. The petitioner is one of the applicant for the said post.The eligibility for the post was that an incumbent must either possess III Certificate in Carpenter Trade alongwith two years' experience of a reputed establishment/shop or an incumbent must have passed examination of Secondary or its equivalent examination with five years experience of a Government Office or establishment. According to the petitioner, he was fully eligible for the post in question, since he was a graduate and was possessing experience of a Carpenter of a reputed establishment. The petitioner applied for the same and he was called for int...
Tag this Judgment!Court : Rajasthan
Decided on : May-09-2001
Reported in : 2002(5)WLC517; 2002(4)WLN146
..... proved that the offence is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offenders having taken undue advantage or acted in a cruel or unusual manner. simply because a single injury was caused and there was no previous enmity between the parties the offence will not fall in exception ..... the person of deceased was caused without premeditation and in a sudden fight upon a sudden quarrel and in the heat of passion and without taking undue advantage or acting in a cruel or unusual manner.29. in the matter at hand all these ingredients of exception 4 of section 300 ipc are lacking because hem singh deceased alongwith ..... but at the cost of prolixity we will not like to mention them.32. in the legal and factual aspects mentioned above, it can be safely said that the act of accused appellant sushil kumar causing a severe knife injury on the left chest of hem singh without any sudden fight or sudden quarrel cannot fall under exception 4 .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-18-2001
Reported in : 2002(1)WLC468; 2002(2)WLN369
..... judgment. we acquit the appellant leelaram @ sukhvir from the charges under section 302 ipc and 3/25 arms act. he shall be set at liberty forthwith if not required in any other case.19. we also acquit the appellants rameshwar dayal, gokal, inderraj, chhotelal, hari ram ..... hands and became aggressors. we are satisfied that the prosecution has failed to establish beyond reasonable doubt the guilt under section 302 1pc and 3/25 arms act against leelaram @ sukhveer and under section 323 ipc against the other appellants.18. for the reasons aforementioned we allow the appeals and set aside the impugned ..... injuries sustained by gheesa and kohtas did not indicate any intention to kill. both of them suffered fire arm injuries on non vital parts. as the appellants acted in their right of private defence they could not have been convicted.5. per contra mr. rajendra yadav, learned public prosecutor supported the impugned judgment and .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-25-2001
Reported in : 2002(2)WLN347
..... triat judge be set aside. however, the learned public prosecutor has not challenged the findings of acquiltal for the offence under section 3(2)(v) of the sc/st act.4. on the other hand, the learned counsel appearing for the accused respondents has submitted that the impugned judgment and order of acquittal passed by the learned trial judge are ..... , the learned special judge came to me conclusion that no case for the offence under sections 458 and 307 ipc and under section 3(2)(v) of sc/st act is made out against the accused respondent and thus, he acquitted accused respondent of the said offences. aggrieved from the said judgment and order dated 9.6.1993 passed ..... learned special judge, sc/st cases, sri ganganagar framed charges for the offence under sections 458 and 307 ipc and under section 3(2)(v) of the sc/st act. the charges were read over and explained to the accused respondent, who pleaded not guilty and claimed trial.during the course of trial, the prosecution in support of its case .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-19-2001
Reported in : 2002CriLJ1694; 2003(2)WLN112
..... prosecutor, because to accept such a chanalised prosecution will invalidate all private prosecutions. by no stretch of imagination, it can be assumed that such a public prosecutor will act as a de-facto complainant and will not be impartial as a public prosecutor appointed and paid by the state, and thus in such cases, no interference is ..... court in (16) queen-empress v. durga, ilr 1984 all. 84 wherein it had been observed that the public prosecutor should bear in mind that he has to act and conduct the case for crown fairly and he should not obtain an unrighteous conviction. he has to see that justice is vindicated.16. in (17) medichetty ramkistiah ..... of competence of the state to appoint special public prosecutor at the expenses of the complainant for the reason that in such a case the special public prosecutor would act as a persecutor rather than prosecutor. moreso, even if appointment of the special public prosecutor is considered to be necessary, the respondent no. 1 should have passed .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-27-2001
Reported in : 2002CriLJ364; 2002(3)WLN316
..... offence under section 366 ipc.43. it may be stated above here that sentencing an accused person is a sensitive exercise of discretion and not a routine or mechanical prescription acting on hunch. the question of sentence is a matter of discretion and it is well settled that when discretion has been properly exercise along accepted judicial lines, an appellate courtshould ..... . all that is required is that there must be some additional evidence rendering it probable that the story of the complainant is true and that it is reasonably safe to act upon it. corroboration may be by facts and circumstances.14. it is well settled by a catena of decisions of the hon'ble supreme court that there is no rule .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-19-2001
Reported in : 2002(1)WLN290
..... depending largely on the circumstances of the particular case, 'attempt' defines a precise and exact definition. boradly speaking all crimes which consist of the commission of affirmative acts are preceded by some covert or overt conduct which may be divided into three stages. the first stage exists when the culprit first entertains the idea or intention ..... with other other facts and circumstances and not necessarily in isolation, an intention, as distinguished from a mere desire or object, to commit the particular offence, though the act by itself may be merely suggestive or indicative of such intention, but that it must be, that is, it must be indicative or suggestive of the intention.26. ..... outrage her modesty or with knowledge that her modesty was likely to be outraged. thus, it is clear case of section 376/511 i.p.c. as the act of present accused has not proceeded beyond the stage of preparation.32. accordingly, conviction of the accused appellant is altered from section 376/511 i.p.c. .....
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