SUBHASH Vs. STATE OF RAJASTHAN & OTHERS

JUDGEMENT

(1.) Complainant-respondent Subhash in the instant revision petition has assailed the finding of learned Additional Sessions Judge, Neem Ka Thana, whereby accused-respondents were convicted u/s 304 Part-I read with Sec. 149 and u/s 148 Penal Code and sentenced to undergo one month simple imprisonment.

(2.) It is contended by Mr. Anoop Dhand learned counsel appearing for the complainant-petitioner that in the facts and circumstances of the case, accused-respondents ought to have been convicted u/s 302 read with 149 IPC. It is further urged that the sentence awarded to the respondents u/s 304-I read with 149 Penal Code is not sufficient.

(3.) Having heard Mr. Anoop Dhand learned counsel appearing for the petitioner and on a close scrutiny of the material on record, we are of the view that the accused-respondents could not have been convicted u/s 302/149 Penal Code in view of the statement of Dr. B.P Agarwal (PW 11). According to his testimony, the deceased sustained simple injuries on non-vital parts of the body and the said injuries were not sufficient to cause death in the ordinary course of nature. We are not inclined to accept the submissions of the learned counsel. The revision has no merit. It stands dismissed. Record of the case be sent back. Revision petition dismissed.