Rajasthan High Court - Jodhpur
State vs Bharatsingh & Ors on 6 October, 2017
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crml Leave To Appeal No. 245 / 2017
State of Rajasthan
----Appellant
Versus
1. Bharatsingh Son of Raghunathsingh @ Polsingh.
2. Umaidsingh @ Phoolsingh Son of Raghunathsingh @ Polsingh.
3. Harisingh Son of Moolsingh., All B/c Rajput, R/o Khandara, P.S.
Shivganj, Tehsil Shivganj, District Sirohi.
----Respondents
_____________________________________________________
For Appellant(s) : Mr.L.R.Upadhyay, P.P.
For Respondent(s) : Mr.Vikram Singh.
_____________________________________________________
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order 06/10/2017 By way of this application for grant of leave to appeal under Section 378(iii) & (i) Cr.P.C., the State of Rajasthan craves leave to file an appeal against the judgment dated 23.11.2016 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sirohi in Special Sessions Case No.7/2012 whereby the respondents were acquitted from the charge under Section 447 and 323/34 I.P.C., at the same time they were held guilty for the offences under Sections 447 and 323/34 I.P.C. and were extended the benefit of probation.
I have heard and appreciated the arguments advanced by the learned Public Prosecutor and the learned defence counsel and had gone through the impugned judgment as well as the record.
From the admitted allegations of the prosecution, it is apparent that the parties quarreled owing to a trivial matter relating to overtaking of vehicles. The fight happened outside the house of the complainant. Number of persons from the accused (2 of 2) [CRLLA-245/2017] party received injuries in the same incident. The witness Hanja Ram P.W.6 admitted that the quarrel occurred because of a dispute relating to giving way to the motorcycle of the accused party. The Medical Officer P.W.18 Dr.Gopal Singh proved the injury reports of the complainant party as well as the accused party. Whilst 7 persons from the complainant side received simple and superficial injuries in the incident, at the same time, three persons from the accused side also received injuries. One of the injuries caused to the accused Ummed Singh was grievous in nature. All the three accused received head injuries in this very incident.
In this background, apparently, the case set up by the complainant party that the accused assaulted them owing to their caste after entering into their house could not be proved by leading any plausible reliable evidence.
Resultantly, the trial court was perfectly justified in acquitting the respondents accused from the charges under Sections 458, 325/34 I.P.C. and Section 3 of the SC/ST (Prevention of Atrocities) Act.
The impugned judgment ex-facie, does not suffer from any illegality, irregularity or perversity so as to warrant interference therein and thus, I am not inclined to grant leave to the State of Rajasthan for filing an appeal thereagainst.
Resultantly, this application for grant of leave to appeal is dismissed as being devoid of merit.
Record be returned forthwith.
(SANDEEP MEHTA),J.
/tarun goyal/