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Judgment
The present Criminal Leave to appeal under Section 378 (iii)
& (I) Cr. P.C. has been preferred against the judgment dated
23.06.2016 passed by the Learned Sessions Judge, Bhilwara in
Sessions Case No.45/2012, whereby the accused has been
acquitted of the charges under Section 307 and 325 of IPC, while
convicted under Sections 452, 323 and 504 of the Indian Penal
Code.
Briefly narrated facts of the case are that the complainant
Jadav lodged an F.I.R in Police Station Kotdi on 09.05.2012, that
accused Ram Prasad had been defaming her and slandering her
image in the society. On the fateful date of 21.04.2012 he entered
her house with a Lathi and started abusing and beating her, while
asserting that he would kill her.
It was stated in the F.I.R that Ram Prasad had inflicted
various injuries, out of which some were grievous with an intent to
kill her.
Trial Court had framed charges against the accused under
Sections 452, 325, 307 and 504 of IPC. After careful examination
of the evidence and witnesses, Trial Court had given a finding that
as far as allegations of injuries and abusing is concerned,
prosecution has proved the same. However, the nature of injuries
evident from the X-Ray report and medical report cannot be said
to be grievous, so as to bring them within the ambit of offences
punishable under Sections 307 and 325 of Indian Penal Code.
In wake of the above finding, the Trial Court has acquitted
the accused of the charges under Sections 305 and 307 of IPC
whereas convicted him under Sections 452, 323 and 504 of the
Indian Penal Code. Neither the nature of injuries, nor the
statement and evidence on record prove that the accused had any
intentions or motive to inflict injuries with a view to kill the
complainant. The Trial Court aptly appreciated the evidence and
the order impugned is just and proper.
Having considered the material available on record vis a vis
the order dated 23.06.2016 passed by the learned court below, I
do not find it to be a fit case for grant of leave to file an appeal.
The application under Section 378 (iii) & (i) of Cr. P.C. is,
therefore, dismissed.