Court : Rajasthan
Decided on : Feb-14-2002
Reported in : I(2003)DMC135; 2002(3)WLC178; 2002(2)WLN641
Garg, J.1. This revision petition has been filed by the petitioner-complainant against the order dated 13.11.2001 passed by the learned Addl. Sessions Judge (Fast Track), Jalore in Sessions Case No. 79/2001 by which he rejected the application filed under Section 319 Cr.P.C. by APP.2. It arises in the following circumstances:-On the report of the complainant petitioner Samartharam, FIR No. 59/2001 was registered at Police Station Sayala District Jalore on 17.5.2001 and after investigation police submitted challan for the offence under Section 306 IPC against only one accused Rawataram, who is husband of deceased.After recording of statements of ten prosecution witnesses, the learned APP filed an application under Section 319 Cr.P.C. before the trial court with the prayer that cognizance against Kheta, Natha, Teja, Panna, Bhura, Manna, Soni wife of Bhura and wife of Manna be also taken for the offence under Sections 498-A and 306 IPC and they be summoned as additional accused. The said ...
Tag this Judgment!Court : Rajasthan
Decided on : Feb-19-2002
Reported in : AIR2002Raj214; 2001(2)WLC119
..... aspects of the open system and the roster system we cannot say that the policy decision taken by the government in imposition of roster system is an arbitrary act on the part of the respondents. at the same lime we are of the view that the interest of the hoteliers and the tour operators who regularly organize ..... any of the purposes mentioned in section 28 would be falling under sub-section (2) of section 28 within the phrase 'permit to enter with conditions' and the act authorizes the authorities to permit entry to be restricted subject to the conditions. therefore, it cannot be said that the conditions imposed by introducing the roster system would ..... an onerous condition that the tourist has to enter the sanctuary in the vehicle provided by the forest officials. 7. the wild life (protection) act, 1972 (hereinafter shall be referred to as 'the act of 1972') has been enacted to provide for the protection of wild animals, birds and plants and for matters connected therewith or ancillary or .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-26-2002
Reported in : 2003(1)WLC3; 2003(3)WLN339
..... of both the parties, convicted and sentenced the appellant as indicated here-in-above. however, the appellant was acquitted of the charge under section 4/25 of the arms act.6. we have heard learned counsel for the appellant, learned public prosecutor, scanned and scrutinized the material on record.7. learned counsel for the appellant did not dispute ..... crpc were recorded. appellant prem singh was arrested vide arrest memo ex. p. 18. on his information given in police custody and recorded under section 27 of the evidence act and at his instance, a knife (chhura) was recovered from the house of the appellant. it was seized and sealed vide recovery memo ex. p. 10. on ..... sho registered a case under section 302/34, ipc and section 3 scheduled castes and the scheduled tribes (prevention of atrocities) act at 11:30 p.m. and investigation commenced. formal fir. is ex. p. 16. the investigating officer bal mukund (p.w. 16) reached on the spot and prepared site plan ex. p. 2. blood smeared soil and .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-13-2002
Reported in : AIR2000Raj245; 2002(2)WLN650
Garg, J. 1. This revision petition has been filed by the petitioner against the judgment dated 20.7.2000 passed by learned Additional Sessions Judge, Phalodi inCriminal Revision No. 5/99 by which the learned Additional Sessions Judge set aside the order dated 9.8.99 passed by the learned Additional Chief Judicial Magistrate, Phalodi by which the learned Judicial Magistrate discharged the accused petitioner and other accused respondents for offence under Sections 420, 167, 468, 471 & 120-B IPC.2. In this case, Mool Singh complainant was not made a party by the accused petitioner but by order of this Court dated 23.3.2001, notice was issued to the complainant and on his behalf his counsel has given appearance.3. The facts giving rise to this revision petition are as follows:(i) Mool Singh complainant filed a complaint on 8.7.92 in the Court of Additional Chief Judicial Magistrate, Phalodi against the present accused petitioner and some other accused persons stating that the accused petit...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-17-2002
Reported in : 2002CriLJ3152; 2002(4)WLN132
..... exercised along accepted judicial lines, an appellate court should not interfere.33. sentencing accused person is a sensitive exercise of discretion and not a routine or mechanical prescription acting on hunch.the case of accused appellant rajan34. the proviso to section 376(1) ipc provides that court may for adequate and special reasons to be mentioned in ..... that entries in birth register made by concerned official in discharge of his official duties, are admissible evidence under section 35 of the indian evidence act.10. in bhoop ram v. state of u.p. (4), the hon'ble supreme court has held that on the point of proof of age, school certificate ..... (2) the hon'ble supreme court has held that certified copies from school registers while deciding the question of age of girl, amount to evidence under the indian evidence act.9. the above view was reiterated by the hon'ble supreme court in harpal singh and anr. v. state of himachal pradesh (3), where it has been held .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-02-2002
Reported in : 2002CriLJ3438; 2002(2)WLN643
Garg, J. 1. These two appeals are being decided by this common judgment as both have been preferred against the common judgment and order dated6.2.1999 passed by the learned Addl. Sessions Judge No. 2, Chittorgarh in Sessions Case No. 29/96 by which he acquitted the accused respondents Shanker Lal, Mangilal, Suresh Chandra and Nanuram for the offence under Sections 366/149, 376/149, 379, 379/149 1PC and he also acquitted the accused appellants Mohan for the offence under Section 376/149, 379/149 and Udailal for the offence under Section 376 IPC, but convicted accused appellants Mohan for the offence under Section 366 and Udailal for the offence under Sections 366 and 379 IPC and sentenced them in the following manner:- Name of accused appellantsConvicted u/Sec.Sentence awarded1. Mohan366 IPCThree years' RI and to pay fine of Rs.1000/-, in defaultof payment of fine, to further undergo SI for six months.2. Udailal366 IPCThree years' RI and to pay fine of Rs.1000/-, in defaultof payment o...
Tag this Judgment!Court : Rajasthan
Decided on : Mar-14-2002
Reported in : 2002(3)WLC432
..... cause death. therefore, in the light of the evidence on record and the established facts and circumstances of the case, the appellant can safely be attributed knowledge that his act of inflicting scissor blow is likely to cause death or such bodily injury as is likely to cause death. it is thus held that the appellant is guilty of having ..... be said beyond any stretch of imagination that the appellant had no intention to cause death of kafil. the basic ingredient of part i of section 304 ipc that the act done must be with the intention of causing death or of causing such bodily injury as is likely to cause done (sic death ?) is completely missing in the ..... was first attacked by a jeli by mangu, resulting into front portion of his neck entangled in between the forks of jeli. in these circumstances, it was held that appellant acted in the exercise of right of private defence and they did not exceed the right of private defence.18. in ram chandra v. state of rajasthan (supra), the complainant .....
Tag this Judgment!Court : Rajasthan
Decided on : May-14-2002
Reported in : 2002(5)WLC605
Khem Chand Sharma, J.1. The appellants have been convicted for offence under Section 395 and 397 IPC of the Indian Panel Code and have been sentenced to imprisonment for 7 years on each count.2. The facts in brief, relevant for disposal of this criminal appeal, which are unfolded by lodging a written report, Ex. P1 on 9.4.94 by PW 1 Kumari Meenakshi Rajwat, are that in the night at about 1.0 when all family members were sleeping and the main gate of the house was closed, 4-5 persons armed with iron rods and iron pipes entered the room where her 3 brothers, namely Dilip Singh, Pradeep and Yagvendra were sleeping and started bearing them, thereby causing injuries to them. The accused also entered the room of her parents and gave them severe beating. Thereafter the miscreants entered the room of complainant and gave beating to her, Kumari Dheeraj and Sudha. The FIR further reveals that the accused persons looted the cash and ornaments from the room of complainant's father. The accused als...
Tag this Judgment!Court : Rajasthan
Decided on : Feb-27-2002
Reported in : AIR2002Raj305; 2002(2)WLC540; 2002(4)WLN693
Sharma, J.1. Can second writ petition be entertained on the subject matter respecting which the first writ petition of the same person was dismissed?This question emerges for consideration in the instant matter under the circumstances set out below.2. First writ petition bearing No.5633/2001 was submitted by he petitioner with the following prayer-(i) to issue any order or direction or writ of any nature directing non-petitioner No.1 Financial Committee not to approve the grant of contract in pursuance of NIT No.14/2000-2001 work of 900 mm PSC Pipe Line Stretch between Sahawa to Bhaleri under package CBPL-1 and 15/2000-2001 15/2000-2001 in relation to the work of 900 mm PSC Pipe Line Stretch between Bhaleri and Churu under package CBPL-2 of Churu - Bissau Water Supply Project dated 22.7.2000;(ii) to issue any order or direction writ of any nature declaring the tender submitted by Bhuratnam and Co. and other tenderer who has not deposited 2% earnest money alongwith the tender form in re...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-12-2002
Reported in : 2003(2)ALT(Cri)7; 2002(3)WLC312
..... grave suspicion against the accused he will be fully justified to discharge the accused, and in exercising jurisdiction under section 227 of the code of criminal procedure, the judge cannot act merely as a post office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and the documents .....
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