Court : Rajasthan
Decided on : Sep-07-1990
Reported in : 1990(2)WLN208
..... of the wound, the infection may be caused. considering this position, the appellant cannot be said to be having the knowledge that the act done by him was likely, in the ordinary course of nature, to cause death of bhanwar lal.15. in the result, we accepted ..... for purposes of' these offences it is to be seen that a person who has caused the death, did so by doing an act with knife intention of causing death or with the intention of such bodily as is likely to cause death or with the knowledge' that ..... looking to the injuries which were inflicted, as has been seen above, we cannot arrive at an inference that the appellant acted with the intention of causing death. in the present case' it is difficult to decide whether the appellant bad the knowledge that he is ..... likely, by his act, to cause death because death has been due to a cumber of circumstances, other thin the injuries which has been inflicted by .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-12-1990
Reported in : 1990(2)WLN482
..... -law balvinder singh and his father, deceased jeet singh were stacking grass in the field, kikar singh and his son pappu (accused tried by the court under the juvenile offenders act and acquitted of the charge), stated throwing earth from the 'doli' towards the field of jeet singh. jeet singh went towards them to make them understand nagaur singh (pw 1 ..... murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender's having taken undue advantage or acted in a cruel or unusual manner.15. true it is that the occurrence in this case was without premeditation and it appears to be in the heat of passion upon .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-12-1990
Reported in : 1990(2)WLN555
K. Bhatnagar, J.1. This appeal is directed against the Judgment dated 28'th of October, 1983 passed by the learned Sessions Judge, Bhilwara, by which appellant Prem Singh was convicted Under Section 302 IPC and sentenced to imprisonment for life and a fine of Rs. 200/-, in default to undergo one month's simple imprisonment.2. Briefly stated, the prosecution case is that appellant Prem Singh and his wife deceased Ganda were not on good terms. Prem Singh was not managing for the livelihood of Ganga and her children as such Ganga was living separate from the appellate, with his son Kalu Singh (PW 1). That, on 1.5.83, Prem Singh, with an axe on the handle of a cycle, went to Sunaron ka kunwa] where his son Kalu Singh along with Sohan Lal Lohar and Shri Ram Gujar was sitting. The appellant told him that he would kill Ganga. Appellant then left the field and went to house of Ganga and killed her with axe while she was grinding salt. Roop Singh (PW 3) and pulley Singh (PW 2) are said to have ...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-13-1990
Reported in : 1991(1)WLC547; 1990(2)WLN344
Inder Sen Israni, J.1. This is second bail application on behalf of the petitioner-Smt. Chandra Kala, who is charged to have committed offence Under Sections 498A and 302, IPC.2. Deceased-Smt. Chandra Kanta died out of burn injuries on intervening night of 4th/5th May 1990, who was married about two years back. It is submitted by Mr. K.K. Sharma, learned Counsel, that this was a case of suicide and, in fact, Ratan-brother of the husband of deceased tried to save her and in the process himself also received some burn injuries. She was rushed to E.S.I. Hospital, from where she was referred to S.M.S. Hospital. It is pointed out that in her dying declaration recorded by the Assistant Sub-Inspector of Police, she has clearly stated that Ratan & her father-in-law saved her from fire and she has no complaint against them. It is also submitted that there is note in the diary that an effort was made to bring a Judicial Magistrate to record her dying declaration, but none was available, therefor...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-13-1990
Reported in : 1990(2)WLN140
1. This appeal is directed against the judgment dated 4-4-1986 passed by the learned Sessions ludge, Merta by which appellants Pabuda was convicted Under Section 302, IPC and sentenced to imprisonment for life and fine of Rs. 2000/-, in default to undergo six months' rigorous imprisonment.2. Briefly stated, the prosecution case giving rise to the trial and appeal of the present appellant is that there was Gangoj' ceremony on the death of wife of Ladhu Babri at village Akhwas on 1-8-1984. Deceased Madhu, appellant Pabuda and accused Birma Ram, Choutha Ram, Prabhu, Devida, Motida (since acquitted by the trial court) and the prosecution witnesses Bhaawru, Prahlad, Pukhraj and Laduram attended the dinner. After dinner the appellant and a few others left the village in a tractor driven by appellant Pabuda. Madhu deceased was owing money from Prabhu and on his demanding money quarrel ensued. Accused Moti is said to have inflicted lathi blow on the partial region of Madbu. Madhu fell down, th...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-14-1990
Reported in : 1990(2)WLN229
..... invoked in the present ease. according to him, statement of the accused recorded by the custom authority are not at all hit by section 25 of the indian evidence act.18. i have considered the points raised by both the learned counsel for the parties and gone through the cases cited at the bar.19. it is settled ..... singhvi raised objection regarding admissibility of the confessional statement.13. further, shri singhvi urged that mandatory provisions of sections 40,50 and 57 of the n.d.p.s. act have not been complied with and in these circumstances, according to him, even the case against the principal accused is also not likely to succeed at all. then shri ..... it has been stated that mohd. nasir was doing small job for them; and other evidence is of the statement of nasir afghani recorded under section 108 of the customs act, and third evidence is of certain accounts found at his residence, which shows that of dealings in trafficing heroin.11. shri s.r. bajwa, learned advocate appearing on .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-14-1990
Reported in : 1990(2)WLN224
..... accept the argument of shri goel that there is no justification in convicting the accused petitioner for violation of the provisions of section 3/7 essential commodities act only statements of shri jagdish, though his state create suspicion about commission of the offence by accused petitioner, but on the basis of the suspicion ..... accused petitioner submitted that he provided on twelth day of his father's death to 20,25 persons and he did not violate any provision of essential commodities act. learned magistrate, churu, relying on the statement of shri jagdish, enforcement officer, convicted the accused petitioner girdharilal and sentenced him to under go three months' ..... to tehsildar that petitioner girdharilal on 25.12.76 arranged lunch for more than 100 persons in violation of the provisions of section 3/7, essential commodities act. on this complaint, tehsildar verbally instructed enfor cement inspector shri jagdish to find out the facts. he went to the house of girdharilal petitioner on .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-14-1990
Reported in : 1990(2)WLN317
..... of advertisement dated 21.12.1988 had in fact been again advertised vide advertisement dated 19.8.89 with the additional vacancies. the respondents had clearly acted in a manner so as to discriminate the eligible candidates who fulfilled the requirement of eligibility with reference to the advertisement-dated 21.12.1988.30. ..... set-up, requirements of physical fitness, efficiency etc.before giving opinion that the upper age limit should be 21 years. these reports have been accepted and acted upon by the government. rules have been promulgated keeping in mind these recommendations, and as such the rules cannot be held to be arbitrary, unreasonable or discriminatory ..... or rhyme and results in hostile discrimination.12. shri m.i.khan, learned additional advocate general has urged that once advertisement dated 21.12.1988 was not acted upon, the petitioner cannot claim that they should be treated as eligible for the purpose of age merely because they were eligible under the advertisement dated 21 .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-20-1990
Reported in : 1990(2)WLN212
..... illegal and without effect. conviction passed on such illegal search was set aside.7. learned public prosecutor submits that provisions of section 47 of the rajasthan excise act are directory mandatory. further this question cannot raised before the lower authority. so cannot be raised at this stage.8. in my view, a question pure ..... the accused-petitioner is layed. learned counsel for the accused-petitioners mr. garg has taken me to the provisions of section 47 of the rajasthan excise act, 1950 which provides that whenever an officer of the excise department not below such rank as the state government may prescribe has reason to believe that an ..... was arrested. seven samples were taken from seven bags samples were sent for chemical examination. a case was registered under section 54-a of the rajasthan excise act. both accused mool chand and gurbachan singh were challaned and chargesheeted. the accused-petitioners denied having committed any offence. the cause was tried by munsif & judicial .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-16-1990
Reported in : 1990(2)WLN372
..... understanding. therefore, the trial is liable to be vitiated. mr. bishnoi has ruther submitted that the accused petitioner may be granted the benefit of probation of offenders' act which the learned lower court has not considered.3. learned public prosecutor has submitted that there is concurrent finding on facts arrived at by both the courts-below, hence ..... , no interference is called for. he has further submitted that benefit of probation of offenders' act cannot be extended due to the death of a young boy.4. i have considered the arguments advanced by both the learned counsel and have gone through the ..... to resent him to jail. therefore, i am of the view that the ends of justice would be served, if, the benefit of the probation of offenders' act is extended to the accused petitioner and he will be released ok probation.7. in the result, the revision petition of the accused petitioner-kaushal singh is partly allowed .....
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