Court : Rajasthan
Decided on : Sep-04-2001
Reported in : 2002(1)WLN595
..... offence would depend upon the facts of each case. therefore, in order to decide whether a person has abetted by instigation the commission of an offence or not, the act of abetment has to be judged in the conspectus of the entire evidence in the case. 25. now oral evidence has to be seen. 26. pw 1 hardayal ..... as a means of handling aggressive impulses engendered by frustration.' 20. suicide is intentionally taking of one's life. in other words, suicide is the initiation of an act leading to one's own death. conventional wisdom decrees that suicide is the escape route for the abnormal. a person who commits suicide; can adopt different methods in ..... 1 stands proved. point no. 2 with regard to abetment 12. now, the most important question that arises for consideration in the present case is whether by his acts and deeds, the accused appellant has made thatsituation which resulted in the commission of suicide by deceased or not or in other words, whether accused appellant abetted the commission .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-31-2001
Reported in : 2002(1)WLC248
..... of conclusive nature and they should exclude every possible hypothesis except the one to be proved and that the chain of evidence must show that in all human probability the act must have been done by the accused. the circumstantial evidence should unmistakably point to the only conclusion that the accused and none other prepetrated the alleged crime. the question as ..... of evidence to complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. 10. the trial judge has recorded a finding of guilt against the accused appellant under sections 302 and 379 ipc while relying upon .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-30-2001
Reported in : 2002CriLJ3704; 2002(1)WLN660
..... intention of causing murder by giving a hammer blow on the head of the deceased can be attributed on the appellant. however, he may have the knowledge that his act may cause death. in these peculiar facts and circumstances of the case, it is held that conviction of the appellant under section 302 i.p.c. is not maintainable ..... neighbour chander singh does not amount to confess anything. those statements are non-confessional in nature and can be used against the appellant under section 8 of the evidence act except the said part of the statement and the rest part of the statement amounting to confess committing the crime is not admissible in evidence. the another important incriminating ..... the learned public prosecutor that entire f.i.r. can not be excluded but only that much of the part which is hit by section 25 of the evidence act can be excluded. he has supported the judgment of the trial court.7. before averting the rival contentions, it will be useful to take conspectus of the prosecution .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-30-2001
Reported in : 2002(2)WLC243; 2003(1)WLN575
..... judgment, their lordships of the supreme court observed as under;-'8. the admission in medical course throughout india is governed by different statutory provisions, including regulations framed under different acts. during last several years efforts have been made to regulate the admissions to the different medical institutions, in order to achieve academic excellence. but, at the same time ..... of natural justice. the requirements of natural justice must depend on the facts and circumstances of the case, the natural of the inquiry, the rules under which the tribunal is acting, the subject-matter to be dealt with, and so forth.'35. in case of state bank of patiala v. s.k. sharma (7), the principle of 'prejudice ..... subjects in the application forms by the petitioners is a bona fide mistake. it is to be stated at the cost of repetition that it was a deliberate act of the petitioners with the clear object and purpose to get the admission to the b.ed. course by any means.24. now i have to deal with .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-29-2001
Reported in : 2002(5)WLC846; 2003(2)WLN332
..... for the respondents submitted that the respondent-plaintiffs had no opportunity to meet with the defence of the defendant based upon section 23 of the hindu succession act and this was a question of fact whether the above house was dwelling unit or not and whether it was wholly occupied for residential purpose or not ..... in the alternative, it was submitted that if the suit for partition is maintainable then this house cannot be partitioned as per section 23 of the hindu succession act, 1956. according to the learned counsel for the appellant, the plaintiffs themselves admitted categorically in their plaint itself that the above house is dwelling house and, ..... such female relative, the interest of the deceased in the mitakshara coparcenery property shall devolve by testamentary or intestate succession, as the case may be, under this act and not by survivorship. explanation 1. - for the purposes of this section, the interest of a hindu mitakshara coparcener shall be deemed to be the share in .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-28-2001
Reported in : [2001(89)FLR1073]; 2002(5)WLC730; 2002(4)WLN281
..... or to causing such bodily injury likely to cause death. it was sudden irrational act and they had not the intention of doing more harm than was necessary. considering the material on record, we are of the view that the case of lala ram and ..... that the quarrel started all of sudden and both the parties sustained injuries in a free fight. there was neither a pre-arranged plan nor the accused acted in furtherance of the common intention. the act of accused mangtu ram, lala ram and mahipal by which the death of angna ram was caused was not done with the intention of causing death .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-28-2001
Reported in : 2002(5)WLC471
..... trial judge also sought corroboration from the recovery of stone stained with blood and the recovery of stone at the instance of accused appellant has been proved. (vii) the act of accused appellant amounted to culpable homicide not amounting to murder punishable under section 304(1) i.p.c. and not under section 302 i.p.c. thus, he ..... not say like that. on this point, it has been argued by the learned counsel for the accused appellant that extra judicial confession in these circumstances should not have been acted upon by the learned additional sessions judge as when presence of p.w. 3 jai ram was there, therefore, he should have also stated this fact. 27. the ..... sessions judge that the accused appellant committed offence of culpable homicide by hitting back of head of the deceased with stone are liable to be confirmed one. whether the act of the accused appellant comes within the purview of section 304(1) i.p.c. or not? 33. the learned additional sessions judge has come to the conclusion .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-21-2001
Reported in : 2002(1)WLC525; 2002(2)WLN488
Mathur, J. 1. This appeal is directed against the judgment dated 5.7.1999 convicting the appellant Vijay Kumar of offence under Section 302 I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-; in default of payment to further undergo six months rigorous imprisonment.2. Briefly stated the prosecution case is that on 04.05.1997 at about 6:30 PM PW-6 Ram Gopal, Incharge Police Station, Naya Shahar Bikaner received an anonymous telephonic call informing of unnatural death of a person in the hospital. He made an entry of the information in the rojnamcha and proceeded to P.B.M. Hospital, Bikaner. At about 7:30 PM he recorded the statement of PW-4 Sanjay Srivastava an eye witness of the incident vide Exhibit P-7. He stated that the alongwith his deceased brother Santosh had gone to purchase medicine for her mother who was suffering from headache. While they were returning, PW-1 Vinod also joined them. All the three proceeded towards their house on bicycle. W...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-14-2001
Reported in : AIR2002Raj248; 2002(4)WLC728; 2003(1)WLN240
Panwar, J. 1. This misc. appeal is directed against the order dated 23rd Aug., 1984 passed by the learned Additional District Judge No.2, Jodhpur in Civil Appeal Decree No. 25/81.2. The brief facts of the case which are necessary for the decision of this appeal are that; the appellant-plaintiff (for short 'the plaintiff) filed a suit before the Munsiff Magistrate, Jodhpur City, Jodhpur for recovery of Rs. 3,050/- against the respondent-defendants, inter alia, stating therein that the plaintiff-firm is a registered firm and the respondent defendants Transport-company is also a registered Transport Company firm and undertaking the businesses of career by transporting goods through their trucks having a branch office at Jodhpur and principal office at Delhi (for short 'the defendants'). It was averred that on 6.6.1973 the plaintiff booked the goods (scrape) weighting about 100 quintal to be delivered to M/s Modi Steels, Modi Nagar which is situated in the State of U.P. near Gaziyabad. It ...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-13-2001
Reported in : 2002(2)WLN119
..... dealing with a similar situation in new asiatic insurance co. ltd. v. pessumal dhanmal aswani (5), the hon'ble supreme court had held as under:-'the act contemplates the possibility of the policy of insurance undertaking liability to third parties providing such a contract between, the insurer and the insured, that is, the person who ..... risk and rs. 72/- for legal liability to passenger, as per endorsement indian motor tariff, 13. limit per passenger and maximum rupees as per motor vehicles act, 1939 are left blank. motor tariff provides that it is compulsory to cover legal liability to fare payment passengers. the liability for accident to per passenger on ..... rs. 8/- for one driver. thus, according to him, the appellant has undertaken the risk of passenger as provided under the aforesaid provision of the old act. he has shown the tariff applicable to all passengers carrying in the vehicle except motorised rickshaws wherein limit of the liability is provided as under: -legal liability .....
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