Puran Mal vs State Of Rajasthan And Ors

This leave to appeal has been filed against acquittal of the respondent Nos.2 to 6 while convicting four other accused for the offence under Section 302 with the aid of Section 34 IPC apart from conviction for the offence under Sections 323, 324 and 326 with the aid of Section 34 IPC and Section 452 IPC.

It is submitted that despite specific allegations made by the eye-witnesses about participation of the respondent Nos.2 to 6, they have been acquitted. The conviction of the other accused has been made with the aid of Section 34 IPC. All the accused came with the common intention to cause incident at the residence of the complainant. Four accused have been convicted even for the offence under Section 452 IPC. In view of the above, leave may be granted against the present accused-respondents also, who have been acquitted by the trial Court.

A reference of the statements of PW - 6 Shrawan and PW 8 Puran Mal has been given. PW - 6 Shrawan has made allegation against Dayal Chand for causing two injuries on his both the shoulders. It is corroborated by Exhibit P-13 (Medical Report). Learned trial Court has ignored the aforesaid while acquitting Dayal Chand. It is also when a "Lathi" was recovered from him, thus corroborative evidence exists even for that. In the similar manner, recovery of "Lathi" was made even from Prahlad.

So far as the other three accused, namely, Patasi, Sajana and Dholi are concerned, they were summoned as additional accused on an application under Section 319 Cr.P.C. The eye-witnesses have made allegations against them also for causing injuries to the deceased and injured. In view of the above, leave to appeal may be granted against them also.

We have considered the submissions made by learned counsel for the complainant-appellant and find that so far as Dayal Chand is concerned, specific allegation exists for causing injury to the injured Shrawan (PW - 6). The injury on his shoulder is corroborated by P-13 Medical Report. A "Lathi" has been recovered from Dayal Chand, though, it was not blood stained. It could not have been because the two injuries on the shoulders are diffused swelling.

So far as the other accused, namely, Patasi, Sajana and Dholi are concerned, statements of the eye-witnesses show general allegations against them for causing injuries to the deceased and injured. If the statements of PW - 6 Shrawan and PW - 8 Puran Mal are taken into then with the addition of Patasi, Sajana and Dholi, total injuries to the deceased should have been nine instead of five injuries. It is for the reason that allegations for causing injuries to the deceased is on Mohanlal, Kishanlal, Nekiram, Sheodan @ Chhotu, Prahlad, Dholi, Sajna, Dayal Chand apart from Patasi. If every accused caused one injury to the deceased, it should have been minimum nine injuries on the person of deceased, whereas, only five injuries have been reported in the postmortem report.

In the similar manner, if the allegations for causing injuries to the injured Shrawan are taken into consideration, he has sustained six injuries as per the medical report. The allegations for causing those injuries exist against Kishanlal, Sheodan @ Chhotu, Nekiram, Dayal Chand, Prahlad, Dholi, Sajna and Patasi. If each of the accused caused one injury, the said injured should have received minimum eight injuries, whereas, only six injuries have been shown, thus there exists over implication, thereby, the prosecution initially left Dholi, Sajna and Patasi but summons were issued to add them as accused on an application under Section 319 Cr.P.C.

In the similar manner, general allegations exist against Prahlad and even recovery of "Lathi" has been shown from him but no one has made specific allegation for causing injury by him, thus we do not find any error in the order of the trial Court for acquittal of Prahlad, Dholi, Sajna and Patasi and thereby, we are not inclined to grant leave to appeal against them while granting it against Dayal Chand s/o Prahlad.

In view of the above, leave to appeal is dismissed for Prahald, Patasi, Sajana and Dholi while granting it for Dayal Chand. Let it be registered as criminal appeal and be listed along with DB Criminal Appeal No.2102/2017.

Admit. Record has already been received. Accused-respondent Dayal Chand s/o Prahald be summoned by bailable warrant in the sum of Rs.25,000/-. Learned counsel for the complainant-appellant is directed to file amended memo of appeal within a period of two weeks.