Dismissed

Shiv Singh v. State and Ors.

Rajasthan HC5 Jul 2017CRLLA/287/2017

Case brief

AI extract

What is this about?

The High Court dismissed an application seeking leave to appeal against an acquittal on attempted murder charges. The court found the prosecution failed to prove Section 308 IPC charges due to superficial injuries and found no fault in the trial court's decision to grant probation for lesser offenses.

What did the court decide?

Leave to file appeal against acquittal under Section 308 IPC is denied; impugned judgment confirmed.

Shiv Singh Vs State and Ors. — Murder and Culpable Homicide | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Crml Leave To Appeal No. 287 / 2017

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Shiv Singh S/o Nahar Singh, B/c Rajput, Aged about ___ Years, R/o Diyas, P.S. Gangapur, District Bhilwara.

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----Appellant

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Versus

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State of Rajasthan Through the Public Prosecution

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Abhay Singh Rajput S/o Ram Singh Rajput, R/o Diyas, P.S. Gangapur, Tehsil Sahada, District Bhilwara.

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Manoj Yadav S/o Munna Lal Yadav, R/o Shivcharan Purva, P.S. Kadoli, District Faizabad (U.P.) At Present Janakpuri, 61-M, Indore (M.P.)

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----Respondents

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For Appellant(s) : Mr.Hemant Jain.

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For Respondent(s) : Mr.O.P. Rathi, P.P.

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HON'BLE MR. JUSTICE SANDEEP MEHTA

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Judgment

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05/07/2017

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By way of this application preferred under Section 378(2) & (3) Cr.P.C., the applicant complainant seeks leave to file an appeal against the judgment dated 12.4.2017 passed by the learned Additional Sessions Judge No.1, Bhilwara Camp Gangapur in Sessions Case No.45/2014 whereby, the trial Court acquitted the respondents no.2 and 3 from the charge under Section 308 IPC and while convicting them for the offences under Sections 341 and 323 read with Section 34 IPC, ordered that they shall be released on probation upon furnishing bail and bonds.

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I have heard and considered the arguments advanced at the Bar and have gone through the impugned judgment and the

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(2 of 2)

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[CRLLA-287/2017]

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material available on record.

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Upon a perusal of the judgment under challenge, it is apparent that the accused allegedly assaulted complainant Shiv Singh and his Sijari namely, Kalu Ram Purabiya by lathies and inflicted numerous injuries to them. Two medical officers who appeared to depose on behalf of the prosecution, admitted that all the injuries caused to the injured persons were simple and superficial in nature and could in no manner considered to be life threatening. The incident is alleged to have taken place in the spur of moment on a public road.

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In this background, I am in total agreement with the findings recorded by the trial Court that the prosecution did not bring home the charge under Section 308 IPC. So far as the order releasing the accused on probation while convicting them under Sections 341 and 323 read with Section 34 IPC is concerned, this Court does not find any fault in the said direction given by the trial Court so as to require interference therein.

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Resultantly, the instant application seeking leave to file appeal against the impugned judgment of acquittal is dismissed as being devoid of any merit.

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(SANDEEP MEHTA)J.

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S.Phophaliya/-

Shiv Singh v. State and Ors.

Case brief

What is this about?

What did the court decide?

Shiv Singh v. State and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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