Court : Rajasthan
Decided on : Feb-28-2001
Reported in : 2001(4)WLN312
..... college and having been involved with a petty offence, which offence was also compromised under section 323 ipc and released under the probation of offenders act and even continued the studies subsequent to that for about 2-3 years and having passed the mbbs examination, obtained the mbbs degree, even enrolled as doctor and having been appointed initially on temporary basis and then on ..... completely reformed by their disciplined life while in prison and by their subsequent good conduct in an after care home.' it is pertinent to mention here that the post of medical officer is included in the schedule appended to the rules, 1963, as such the services are governed by the present set of rules.'(5). the petitioner had represented stating therein ..... , immediately thereafter the students had compromised on 31.8.1994 itself so far the offence under section 323 ipc was concerned, but under section 147 ipc, he was released under the probation of offenders act as per annexure-3.(3). he had applied for the post of medical officer and was appointed on the post on 24.6.1998 on temporary adhoc basis. lateron ..... ended into a compromise and out of that compromise if any order was passed by the court under probation of offenders act, it cannot be termed to be an offence involving moral turpitude; (ii) as per rule 12 of the rajasthan medical & health service rules, 1963, a character certificate from the principal is required to be produced to the effect which shall relate .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-05-2001
Reported in : 2002CriLJ1322; 2002(5)WLC704
..... falls under either of the following classes, it is within the ambit of section 304 part i, ipc :(1) when the case falls under one or the other clauses of section 300, ipc but is covered by the exceptions to that section.(2) where the injury caused is not the higher degree of likelihood which is covered by the expression 'sufficient in the ordinary course ..... of nature to cause death' but it is of lower degree of likelihood generally spoken of as an injury 'likely ..... to cause death' and the case also does not fall under clause (2) of section 300.clause secondly appended to section 300, ipc deals with acts done with the intention of causing such bodily injury as the offender knows to be ..... . prem chand (p.w. 17) who conducted the autopsy on the body of the deceased did not say that injuries 1 and 2 sustained by the deceased where the result of one blow or more blows. in modi's medical jurisprudence and toxicology edited by b. v. subrahmanayam at page 407, it has been stated that 'an extensive fracture running parallel to .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-04-2001
Reported in : 2001CriLJ4127; 2001(3)WLC700
..... a reasonable manner and have been made deliberately and motivated by ulterior consideration they run the risk of being completely ignored. it was also held that unless there is a definite, positive, legal, unimpeachable and reliable evidence, the accused in a serious case cannot be convicted, because in a criminal case mere suspicion howsoever strong cannot take the place of proof ..... per report (exp17) of autopsy conducted at 5pm on the body of deceased ratan giri who died on 18.10.90, following ante mortem external injuries were found by the medical jurist dr. pk saraswat (pw 11), and according to him, cause of death of deceased was head injury which was ante mortem in nature. (1) lacerated wound 34 x 10 ..... to downward on occipital bone, and further that there were fractures of ivth and vth left ribs on curvature in axillary area. as regards brain, the medical jurist found that (1) it was congested and odematus; (ii) there is subdural accumulation of free blood with 100 cc in quantity over both occipital area of cerebral hemisphere superior laterally and inferiorly; (iii) there ..... (2) crpc requires the person making statements to answer truly all questions relating to such case put to him by such officer. it therefore depends on the questions put by the police officer. it is true that a certain statement may now because under section 161 to contradict such witness in the manner provided by section 145 of the indian evidence act. it is .....Tag this Judgment!
Court : Rajasthan
Decided on : May-23-2001
Reported in : 2001CriLJ3873; I(2002)DMC293; 2002(1)WLN185
..... is proved and this aspect has also not been proved by the prosecution as the dr. p.w. 11 r.k. gupta has clearly stated that no definite opinion can be given about the suicide and about the cause of death of the deceased without seeing the fsl and the fsl report has not been produced.23 ..... 4.93 passed by the learned additional sessions judge, nimbaheda in sessions case no. 22/92 by which he acquitted the accused respondent for the offence under sections 498a and 306 ipc.2. this appeal arises in the following circumstances:(i) on 4.7.88, at about 10 p.m. p.w. 13 laxman singh who was s ..... deceased, three on right thigh and three on right hip part. thus, the oral evidence that she was beaten by the accused respondent gopal is confirmed by medical evidence. beating by husband to his wife would amount to cruelty and thus, it can be said that the deceased was subjected to cruelty by her husband i ..... to beat his wife and they have also said that such types of complaints were made by the deceased herself. thus, it is not a case of single act of beating. further, the best evidence to prove that the accused respondent gopal used to beat her wife i.e. the deceased, is found in the post ..... him inter alia holding that:(i) it has not been proved by the prosecution that the deceased has been subjected to cruelly and single act of cruelty or beating is not sufficient. (ii) since the deceased had undergone tubectomy operation after delivery of 3rd child and because of that, she was not in a position to work .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-21-2001
Reported in : 2001CriLJ3604; 2002(5)WLC502
..... he took over the charge on the basis of notice affixed on the notice board. even he deposed that on acount of the incident of 15-2-1996, the students did not turn to the school obviously because of fear. since it is not a case of single child witness rather from the ..... the victim girls was produced by the prosecution to prove that on the day of lodging the written report (ex. p. 1) i.e. 15-2-1996 in the absence of the petitioner who had went away by running out the school due to complaints made by the informants and village people, ..... person which stood proved by his injury report and his counter report on the same day when the present complainant had also lodged written report on 15-2-96. though names of daughter and niece have not been mentioned in written report by bhanwarilal but the words 'daughter & niece' have been used, ..... the citations relied upon by the learned counsel for the petitioner. inkanhaiyav. state of rajasthan (1989) 2 rajasthan lr 90 there was delay of about 24 hours in lodging the fir, and according to medical evidence the injuries found on body of prosecutrix were not caused while making attempt to commit sexual intercourse, ..... act envisages a general rule that every person irrespective of his age, is a competent to testify unless he is found incompetent due to the reasons stated therein. section 118 makes the understanding as sole test of the competency of a witness and not on the age of a witness. thus competency of a child giving evidence depends on the degree .....Tag this Judgment!
Court : Rajasthan
Decided on : Apr-12-2001
Reported in : 2000WLC(Raj)UC376
..... court should determine whether the facts proved by the prosecution bring the case within the ambit of any of the four clauses of the definition of 'murder' contained in section 300. if theanswer to this question is in the negative the offence would be 'culpable homicide not amounting to murder', punishable under the ..... ). before proceeding further and to appreciate that contentions raised by the learned counsel for the accused appellants, it would be worthwhile to discuss here the medical evidence produced by the prosecution in this case.injury report of deceased hardevaram (7). the injury report of deceased hardevaram is ex.p/23 and to ..... , which was conducted by pw 10 dr. v.d. kawiya. pw6 sitaram, pw2 bholki, pw3 sarju, pw1 todaram and pw4 rekharam were also got medically examined and their injury reports are ex.p/19, ex.p/20, ex.p/21 and ex.p/22 and ex.p/24 respectively. the x- ..... anything because of seeing so many accused persons.on this report, police registered the case and chalked out fir ex.p/2 and started investigation.during investigation, deceased was got medically examined by pw14 dr. kamal bajaj and his injury report is ex.p/23 and deceased died in the hospital on 30 ..... amount to culpable homicide not amounting to murder punishable under section 304 part-1 ipc. 3. that if the act of the accused is covered by clause (4) of section 300, then it would amount to culpable homicide not amounting to murder punishable under section 304 part-ii ipc.(87). in the present case, there is no .....Tag this Judgment!
Court : Rajasthan
Decided on : May-17-2001
Reported in : 2001(3)WLC645; 2002(1)WLN348
..... murdered by jaswant singh and kulwant singh by gun shot fire. on this information, police registered a case for offence under sections 302, 34 i.p.c. and section 27 of the arms act. the police prepared the inquest report and sent the dead body for post-mortem. during the investigation, police recovered a twelve ..... on evidence of recovery of the gun. the report of the ballistic expert ex.p.34 is also not definite if the gun was in serviceable condition. thus, the ocular statement of p.w. 2 jarnail singh and p.w. 3 amrik singh carry inherent infirmities and weakness as indicated above and further does ..... wall of the dhani was 7 ft. thus, there was an obstruction of 7 ft. height. the ocular account does not find corroboration from the medical evidence as well. both the witnesses have stated that jaswanl singh gave a gandasi blow to deceased harnam singh which struck on his head near the left ..... to establish the charge of murder against both these appellant beyond reasonable doubt.13. consequently, this appeal is allowed. the appellants are acquitted of offence under section 302, 302/34 i.p.c. the appellant kulwant singh is in jail, he shall be released forthwith if not required in any other case. the ..... pay a fine of rs. 500/-; in default of payment to further undergo three months simple imprisonment. appellant jaswant singh has been convicted for offence under section 302/34 i.p.c. and sentenced to undergo imprisonment for life and to pay a fine of rs. 500/-; in default of payment to further .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-16-2001
Reported in : 2001(3)WLC781; 2000WLC(Raj)UC83
..... not give any explanation as to how he came into possession of the gold and silver ornaments of the deceased. thus presumption under illustration (a) of section 114 of evidence act could be drawn that it was the appellant who committed murder and robbery. 14. as also noticed earlier, blood stained chaku (knife), baniyan, tehmad ..... to draw an inference of guilt of the appellant and the chain of circumstances was not cogently and firmly established and these circumstances have no definite tendency to unerringly point the guilty of the appellant. the counsel for the appellant made an attempt by placing before us colourful graphics of human body ..... no dispute that the deceases sustained as many as 23 incised wounds on the various parts of the body and it was subjected to autopsy by the medical board. dr. ravi mishra (pw.12) was examined by the prosecution but no question was asked from him as to why the blood did not ..... hand palmer surface (xx) incised wound 1/2cm.x/12 cm.x 1/2cm. middle finger right hand palmer surface. (xxi) incised wound 1/2 cm.x 1/2 cm, x1/2 cm. on ring finger right hand palmer surface. (xxii) left foot-amputation at ankle joint by sharp object) all the bones are intact. (xxiii ..... 3 years ri and fine of rs..200/- in default tofurther undergo one months ri.u/s. 382ipcto undergo 2 years rl and fine of rs..200/- in default tofurther undergo one month rlu/sec. 302ipcto undergo imprisonment for life and fine of rs. 200indefault to further undergo one month ri.all the sentence .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-26-2001
Reported in : 2001(2)WLC1; 2001(4)WLN25
..... for interview only those who have completed seven and half years of practice, it is neither violalive nor in conflict with the requirement of section 8(3)(c) of (he act.' (20). in union of india and another vs. t. sundarataman & others (6), it has been held as under:'the tribunal ..... in response thereto. this necessitated screening of the candidates at the threshold. it was found that more than 1000 applicants were holding first class degrees in different faculties of recognised universities; 580 of them were first class commerce graduates, 101 first class arts graduates and about 500 first class ..... court when hon'ble the chief justice is in jaipur.'(9). accordingly, the petitioner was permitted to appear before the interview committee provisionally at 2 p.m. on 25.1.2001. the respondent filed a detailed counter affidavit explaining the specific stand by the respondent. a preliminary objection was ..... petition itself is liable to be dismissed on the question of latches, we permit the petitioner to provisionally to appear in the interview today at 2.00 p.m. before the committee constituted for this purpose. the registrar is directed to inform the hon'ble members of the committee about this ..... the advocates for filling up 22 vacant posts of additional district & sessions judges by direct recruitment in the rajasthan higher judicial service. annexure-2 is the admission card. it has been specifically mentioned the admission card that the written test is being held for the purpose of scrutiny and .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-17-2001
Reported in : 2001(3)WLC603; 2001(3)WLN687
..... injured etc.9. in my view, the lower court has given mainly two reasons for discharging the accused persons for the offence under section 307 ipc. (1) injured has not received any grievous hurt on vital part and (2) injured has not received such injuries which were sufficient in the ordinary course of nature to cause death.10. in my considered opinion ..... in sessions case no. 10/99, whereby learned judge has discharged the accused persons from the offence under section 307 ipc and sent the case back to the a.c.j.m. no. 2 for trial for offence under sections 341, 323, 324/34 ipc,2. in this matter, notices were issued to non-petitioners. mr. s.c. gupta appeared on behalf of non ..... .3. it is argued on behalf of petitioner that the trial court has wrongly discharged the n.p. nos. 2 to 5 for the offence under section 307 ipc. it is urged that sessions court could discharge any offender from any offence under section 227 cr.p.c. only if there is no sufficient ground for proceeding against the accused and that court ..... ipc. therefore, the order should be set-aside and lower court should be directed to frame the charge under section 307 ipc against the non-petitioners nos. 2 to 5.4. on the other hand, it is contended by learned counsel for the non-petitioners mr. s.c. gupta that the impugned order is perfectly legal. in the .....Tag this Judgment!