Court : Rajasthan
Decided on : Jan-08-2004
Reported in : 2004CriLJ2332; RLW2004(2)Raj1261; 2004(2)WLC691
sunil kumar garg, j.1. this appeal has been filed by the accused appellant from jail aggrieved from the judgment and order dated 9.10.2002 passed by the learned addl. sessions judge (fast track), bhilwara in sessions case no. 51/2001 by which he convicted the accused appellant for the offence under sections 302, 307 and 324 ipc and sentenced her in the following manner:-name of ac-cused appellantconvictedunder section sentence awarded tothe accused appellantvidhya devi302 ipc life imprisonment and to pay fine of rs. 1000/-, in default of payment of fine, to further undergo 2 months ri.307 ipc seven years ri and to pay fine of rs. 500/-, in default of payment of fine, to further undergo one month ri.324 ipc two years ri and to pay fine of rs. 500/-, in default of payment of fine, to further undergo 15 days ri.all the above substantive sentences were ordered to run concurrently.2. it may be stated here that this court vide order dated 8.12.2003 appointed shri pradeep choudhary, advocate as amicus curiae to assist the court and he has argued the case on behalf of the accused appellant.3. it arises in the following circumstances:-on 18.2.1996 at about 3.45 pm, pw1 debilal lodged an oral report (ex.p/1) with the police station hamirgarh district bhilwara before pw10 bahadur singh, who was at that time sho of that police station stating inter-alia (hat on 18.2.1996 at about 2.30 pm when he was in his house, he heard the cries of magni wife of gulab to the effect 'maro-maro' and .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-07-2004
Reported in : RLW2004(2)Raj1190; 2004(2)WLC26
prakash tatia, j.1. this second appeal by the plaintiff- appellant, is against the judgment and decree dated 5.4.1980 passed by the learned addl. district judge no. 2, jodhpur whereby the learned addl. district judge no. 2 set aside the judgment and decree dated 24.7.1978 passed by the trial court decreeing the suit for eviction against respondent-defendant smt. chand kumari (now deceased), under the rajasthan premises (control of rent and eviction) act. 1950 (for short the act of 1950).2. the appellant-landlord-plaintiff filed the present suit for eviction of his respondent-tenant-defendants; smt. chand kumari and her son narendra kumar. according to the plaintiff, the suit property described in para no. 1 of the plaint was let out to the defendants and the defendants were paying the rent @ of rs. 50/- per month. according to plaintiff, the defendants have committed default in payment of rent as they did not pay the rent of the premises to the plaintiff from june, 1968 to april, 1970. the plaintiff also claimed rs. 500/- which was due in defendants on account of arrears of rent of the period prior to june 1968. the second ground for eviction was subletting of the premises by the defendants after closer of their business, which they were running in the name of m/s. ganesh timber co., to one shri rashid and another person shri mukand chand and to a firm shri rathore transport third ground for decree for eviction against the tenant was the personal need of the plaintiff who .....Tag this Judgment!