DEVLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application has been filed under Section 439 CrPC in connection with FIR No.233/2019 registered at Police Station Chauth Ka Barwara, District Sawai Madhopur for the offences under Section 302 , 341 , 323 and 34 IPC.

(2.) Heard learned counsel for the petitioner, learned counsel for the complainant as well as learned Public Prosecutor.

(3.) Learned counsel for the accused petitioner submits that there is no overt act alleged as against the petitioner except of having caught hold of the deceased. Counsel submits that as per the statement of PW-3 cross examination, it is apparent that the injury on the deceased was caused by falling of the branch base of tree which was being cut. The defence story has been admitted by PW-3 in the cross examination.