Court : Rajasthan
Decided on : Apr-22-1983
Reported in : 1983WLN713
..... the circumstances the case and pass orders as it may deem fit. the normal procedure of imposing penalty is provided in rule 16, which requires that definite charges, on the basis of which an inquiry is proposed to be held, should be framed. a charge-sheet, together within a statement of allegations ..... was not in force and who had lawfully purchased small quantity of 'bhang' under medical advice, carried the same with him to another district where prohibition was in force and was convicted under section 60 of the excise act. it was held that the person had no bad motive lea ling to the crime ..... india : 3scr302 this court in effect overruled the judgment of the majority in madhya pradesh industries ltd. v. union of india a.i.r. 1916 s.c. 1671 seem to have crept therein through some oversight. a careful perusal of the decision in bhagat raja v. union of india would show that ..... down by the allahabad high court in mangali's case : air1963all527 we re applied. in that case the person was found in possession of about 2-1/2 bottles of illicit liquor and there was no allegation that he was found distilling illicit liquor nor there was any evidence to show that he had ..... disciplinary authority should have given reasons why the mandatory procedure prescribed in rule 16 was not followed. however, the decision in balubhai khrist v. case 1978 (2) s.l.r. 815 is distinguishable, because the provisions contained in rule 10 of the gujarat panchayat service (discipline and appeal) rules, 1 964 are .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-09-1983
Reported in : 1984CriLJ1848; 1983()WLN786
..... these circumstances, the hostile attitude of p.w. 6 fatehkhan is of no material consequence and does not destroy the fact of victim's making dying declaration. the victim was definitely alive when his mother mst. anchhi (pw 4) came to him. she brought water and sugar from the dhhani of p.w. 6 fatehkhan only because he was alive and ..... substantially true. the pleas of alibi and the private defence were rejected as being not established. the learned judge held that the offence made out was one under section 304 part ii, and not under section 302, ipc. the accused were, consequently, convicted and sentenced as mentioned at the very outset. aggrieved against their conviction and sentence, the accused have come up in ..... 5 or 6 days of the occurrence. he was free during this intervening period. if he had sustained injuries in this very incident, it was expected that he got himself medically examined before his arrest. but he failed to do so. the victim received as many as 19 injuries some of which, were on the vital parts of the body. the ..... information report was lodged. there is nothing unnatural in his conduct to put his testimony at a discount. there is no presumption of perjury against the oral testimony. but before acting upon such testimony its credibility should be tested both intrinsically and extrinsically. whatever tests are applied, the testimony of p.w. 3 ramsingh appears true and inspires confidence. his testimony .....Tag this Judgment!