Court : Rajasthan
Decided on : Nov-20-2006
Reported in : RLW2007(1)Raj702
mohammad rafiq, j.1. all the aforementioned writ petitions have been filed by an many as 224 petitioners who all are working on the post of female health worker (for short f.h.w.) under chief medical and health officers of districts barmer, jaisalmer, jalore and nagaur on payment of consolidated monthly salary. in all these writ petitions the petitioners have prayed for a writ of mandamus directing the respondents to treat their selection and appointment on the post of f.h.w. regular and substantive. in the alternative it has been prayed that the advertisement dated 7th december, 2004 may be set aside and the respondents may be directed to first absorb the petitioners on the post of f.h.w. and thereafter proceed to make recruitment pursuant to advertisement dated 7th december, 2004 and in doing so, the respondents may fill up 50% of the posts from amongst the petitioaers and further award 25% bonus marks to the rest of the petitioners against remaining 50% posts. since common relief has been prayed for in all the writ petitions, arguments in all these cases were heard together and they are being decided by this common judgment. for the purpose of convenience however facts of s.b.c. writ petition no. 697/05 are being taken up to form basis for decision of all the writ petitions.2. the petitioners who are all female candidates have passed the training course of auxiliary nurse midwifery/health worker (female). according to the them, they were required to execute a bond on a non .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-27-2006
Reported in : RLW2006(3)Raj1845; 2006(2)WLC716
shiv kumar sharma, j.1. out of fifteen accused indicated before learned trial judge, noor mohammad, kadar, kanja @ niwaz khan and patanga are dead and only eleven are before us who have been convicted and sentenced by the learned trial judge as under:samshuddin:under section 302 ipc:to suffer life imprisonment and fine of rs. 200/-, in default to further suffer two months imprisonment.under section 148 ipc:to suffer rigorous imprisonment for two years.under section 323 ipc:to suffer rigorous imprisonment for one year.under section 325/149 ipc:to suffer rigorous imprisonment for two years and fine of rs. 100/-, in default to further suffer one month imprisonment.(1) jhamman, (2) gafoor, (3) rustam, (4) sahab, (5) deenu, (6) saddi, (7) sattar, (8) muddin, (9) haroon and (10) abdul kareem:under section 302/149 ipc:each to suffer life imprisonment and fine of rs. 200/-, in default to further suffer two months imprisonment.under section 148 ipc:each to suffer rigorous imprisonment for two years.under section 323 ipc:each to suffer rigorous imprisonment for one year.under section v/v ipc:each to suffer rigorous imprisonment for two years and fine of rs. 100/-, in default to further suffer one month imprisonment.substantive sentences were directed to run concurrently.2. the incident giving rise to this appeal is alleged to have taken place on march 28, 1986 at 8 a.m. the case of the prosecution is that when guljari (now deceased), his sons bhag chand (pw. 10) and prahlad (pw. 11) .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-03-2006
Reported in : 2006CriLJ3585; RLW2006(3)Raj2459; 2006(4)WLC425
h.r. panwar, j.1. this criminal appeal under section 374(2) of the code of criminal procedure, 1973 (for short, 'the code' hereinafter) is directed against the judgment and order dated 11.7.2003 passed by special judge (ndps cases), udaipur (for short, 'the trial court') hereinafter) in sessions case no. 263/2001, whereby the trial court convicted the appellant for the offence under section 8/18 of the narcotic drugs and psychotropic substances act, 1985 (for short, 'the n.d.p.s. act' hereinafter) and sentenced him to undergo ten years rigorous imprisonment and a fine of rs. 1,00,000/-, in default of payment of fine further to undergo one year rigorous imprisonment. aggrieved by the judgment and order impugned, the appellant has filed the instant appeal.2. briefly stated the facts of the case to the extent they are relevant and necessary for the decision of this appeal are that p.w. 1 dharam singh meena, enforcement officer, central narcotics bureau, udaipur received a secret information ex. p/1 at 12.30 hours on 8.6.2001 to the effect that appellant bhanwar singh s/o devi singh is carrying opium and likely to deliver the same to some party to ramleela park. the information was found to be reliable and therefore, it was reduced to writing vide ex. p/1. the copy of the information was sent to higher officials of the central narcotics bureau. on this information, he along with other officials of the central narcotics bureau went to the ramleela park situated at hiran magri, .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-11-2006
Reported in : RLW2007(2)Raj997
shiv kumar sharma, j.1. heard learned counsel for the parties.2. the predecessor in title of petitioners narain singh filed a suit for declaration against smt. gainda (predecessor in title of respondents no. 4 to 7) regarding the land in dispute situated in village kakda tehsil deeg claiming to be in possession of the land since svt. 2014 and acquired khatedari rights. since despite service the defendant did not appear the sub divisional officer deeg proceeded exparte and decreed the suit vide judgment dated july 20, 1970. the respondents filed first appeal on june 23, 1973 along with the application under section 5 of limitation act, 1963. on receiving notices the petitioners raised preliminary objections. the appeal came to be dismissed vide judgment dated july 16, 1974. thereafter the respondents filed second appeal before the board of revenue (for short 'board'), who vide judgment dated november 11, 1982 dismissed the same holding that the respondents purchased the land in dispute from gainda after institution of suit, therefore, the transaction was hit by the doctrine of lispendense. it was also held that smt. gainda belonged to scheduled caste whereas plaintiff belonged to caste fauzdar, therefore there was violation of section 42 of rajasthan tenancy act, 1955. the state government was not party to suit therefore the transfer of possession was in violation of section 42. in the year 1973 the respondents 4 to 7 also filed a suit for declaring the decree dated july 20, .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-17-2006
Reported in : RLW2006(3)Raj1744; 2006(2)WLC707
r.s. chauhan, j.1. the three appellants, mangi lal (a-1). rampal (a-2) and madan lal (a-3) have filed two different appeals challenging the same impugned judgment dated 1.10.2001 passed by the additional district and sessions judge (fast track) ajmer whereby the learned trial court has convicted mangi lal of offence under section 302 ipc and has sentenced him to life imprisonment and imposed a fine of rs. 1000/- and to further undergo a sentence of three months of simple imprisonment in default thereof. the learned trial court has also convicted rampal and madan lal for offence under section 324 ipc and has sentenced them to three years of r.i. and imposed a fine of rs. 1000/- each and to further undergo a sentence of three months of simple imprisonment in default thereof. since the two appeals arise out of the same judgment, they are being decided by this common judgment.2. the brief facts of the case are that on 1.2.98, the police recorded the statement of the injured, bhagchand (p.w. 2) while he was admitted in the jawahar lal nehru hospital at ajmer. in the statement, bhagchand claimed that 'he and his family members are agriculturist by profession. their farm is near the 'danga' which is next to the land belonging to the government. on the vacant land, he and his family were piling up wood for the purpose of burning it, but his neighbor, mangi lal objected to if. in the morning, he and his father, suraj karan, carried some wood on the cart to be emptied at the vacant .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-24-2006
Reported in : RLW2006(3)Raj1912; 2006(3)WLC675
shiv kumar sharma, j.1. ram niwas, ravindra and rajesh, the appellants herein, along with four co-accused madan lal, sita ram, mahendra and kishore were tried before the learned additional sessions judge no. 2 sikar camp srimadhopur in sessions case no. 24/2001 (old no. 19/98). learned judge vide judgment dated july 22, 2002 while acquitted co-accused persons, convicted and sentenced the appellants as under:ram niwas:under section 302 ipc:to suffer imprisonment for life and fine of rs. 10000/-, in default to further suffer simple imprisonment for two months.ravindra and rajesh:under section 302/34 ipc:each to suffer imprisonment for life and fine of rs. 10000/-, in default to further suffer simple imprisonment for two months.unser section 324 ipc:each to suffer rigorous imprisonment for one year.under section 323 ipc:each to suffer rigorous imprisonment for six months.the substantive sentences were ordered to run concurrently.against the finding of acquittal the state of rajasthan preferred the appeal no. 224/2003, whereas informant richhpal has preferred the revision petition no. 73/2003.2. the prosecution case as unfolded during trial is that on march 21, 1998 at 10.40 pm informant richhpal (pw. 1) lodged written report (ex. p. 1a) at police station reengas to the effect that a meeting of their family members regarding dispute of 'chabutra' (platform) was held in the evening of the said day which continued till 9 pm. after the meeting dispersed around 9.30 pm while his .....Tag this Judgment!
Court : Rajasthan
Decided on : Apr-17-2006
Reported in : AIR2006Raj243; RLW2006(4)Raj2937
satya prakash pathak, j.1. this appeal arises out of the judgment and decree dated 12-3-2004 passed by addl. district judge no. 2, jodhpur in civil original suit no. 51 of 2002 - rakesh v. smt. sugan kanwar allowing the suit filed by respondent-plaintiff for damages for malicious prosecution.2. the respondent is the original plaintiff and appellant is the original defendant, who are hereinafter referred to as 'plaintiff and 'defendant' for the sake of convenience.3. the trial court in this case has granted decree in favour of the plaintiff and has held him entitled to get the damages from defendant to the tune of rs. 1 lac with interest @ 12% from the date of filing of the suit, against which the defendant has approached this court by filing the present appeal under section 96, cpc.4. the facts, involved in the case, in brief, are as follows:1. plaintiff filed the suit inter alia stating that defendant sugan kanwar, who is daughter of late smt. sugan kanwar and sister of jyoti prakash, in collusion with her mother and brother lodged a false report at police station, sadar kotwali on 17-7-1998 to the effect that the plaintiff entered into the house of mohan kanwar, scuffled, beaten and disgraced her for which first information report no. 127/98 under sees. 323, 451, ipc was registered and charge-sheet in that regard was filed in the court of judicial magistrate no. 2 at jodhpur. it is said that thereafter the matter was transferred to the court of judicial magistrate no. 3, .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-13-2006
Reported in : RLW2007(1)Raj98
shiv kumar sharma, j.1. in an unfortunate incident, in which six persons lost their lives, 38 persons were nabbed out of which 36 were acquitted and two were convicted. the convicted accused preferred appeal against the finding of conviction, whereas brother of one of the deceased filed revision petition against the judgment of acquittal. serious question that requires our consideration in the matters is - should the law be seen to sit by limply, while those who defy it go free, and those who seek its protection lose hope?2. in a nut shell, the facts which led to filing of instant appeal and revision are as follows:on may 20, 2000 at 10.45 p.m. babu lal sarpanch of village panchayat hudiya kala along with 8-10 persons visited police station mandhan and lodged an oral report ex. p/130 and stated that at the house of gopi ram yadav dead body of gopirak and 3-4 other persons of his family are lying. it was further stated that certain persons who were in 2-3 jeeps and who were unknown persons had killed these persons. on this report the onkar mai, sho (pw-31) proceeded for village hudiya kala along with informant and inspected the house of gopi ram and found that dead body of sri ram aheed and his wife shanti were lying in the chowk. dead body of gopi ram and one unknown person was lying about 1/2 kms. away from the house in the field, towards southern side of the corner of road of kathuwas found dead body of ram bhagat and savita. as per the material collected during .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-11-2006
Reported in : RLW2007(2)Raj1054
n.n. mathur, j.1. in these two appeals the appellants viz a/1 narendra s/o sita ram, resident of hissar(haryana), a/2 jogendra @ bharddin @ bhar ahmed s/o shakhi mohammed resident of borang(mahan), district, doda (j&k;), a/3 ajit singh s/o shiv lal, resident of baliyali, district, bhiwani(haryana), a/4 kaplan singh s/o chandu lal, resident of samargopalpura, district, rohtak(haryana) and a/5 mukan lal s/o bajrang lal, resident of anoopshahar, tehsil, bhadra, district, hanumangarh were put to trial on the charge of dacoity along with asharaf khan, rafiq mohammad, kan singh and ahmed amir. while the appellants were charged for offence under section 395 i.p.c. and section 27 of the arms act, the other accused persons since acquitted were charged for offence under section 395/120-b & 216-a i.p.c. the appellants have been convicted of offence under section 395 i.p.c. and sentenced to imprisonment for life and to pay a fine of rs. 1000/- each; in default of payment to further undergo 3 months' rigorous imprisonment by judgment dated 31st may 2005 passed by the additional sessions judge, nohar, district, hanumangarh.2. on 1.8.2001 p.w.7 charan das a.s.i. posted at police station, nohar at about 2.50 p.m. received a telephonic information from p.w.1 ram kishore to the effect that while he along with the other employees of public health & engineering department (phed) were on way to office from the bank carrying huge salary sum of the employees, five miscreants looted the amount and .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-15-2006
Reported in : RLW2006(3)Raj2181
shiv kumar sharma, j.1. in an unfortunate incident four persons viz., kheta, jai narain, ganpat and ramchandra lost their life. the dispute arose while patthar gadi (marking of boundary by fixing stones) on the field was in progress. out of 63 accused persons named in the first information report, only 42 were charge-sheeted. since accused ram swaroop and rajveer were declared absconders, they were tried separately. accused ram niwas @ ram kumar died during trial and proceedings against him stood dropped. thus 40 appellants who have been convicted and sentenced vide judgment dated august 27, 2001 by the additional sessions judge kotputli district jaipur are before us in these appeals. the details of appellants and punishment recorded against them are as under:twenty four appellants in criminal appeal no. 647/2001 viz., 1. gyarsa, 2. laxman, 3. rajbir @ dholya, 4. onkar s/o gyarsa. 5. sheoram, 6. dharampal, 7. ramdayal, 8. badri, 9. hazari, 10. sawai singh, 11. gulzari, 12. bhoma, 13. devi sahai, 14. dayaram, 15. ashok, 16. sheokaran, 17. leelaram, 18. moolchahd, 19. shriram, 20 rampratap, 21. prabhu, 22. malaram, 23. umrao, 24. mahada and three appellants in criminal appeal no. 685/2001 viz., 1. ram niwas, 2. ramavtar and 3. onkar s/o kalu have been convicted and sentenced thus:under section 302/149 ipc:each to suffer imprisonment for life and fine of rs. 500/-, with default stipulation.under section 307/149 ipc:each to suffer rigorous imprisonment for ten years and fine of .....Tag this Judgment!