SANT LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard counsel for the applicant and the Public Prosecutor and perused the impugned order as well as the challan papers and statements of witnesses recorded at the trial.

(2.) Counsel for the applicant submits that in this case, the incident took place on 15.1.2011. He further submits that though as per the prosecution story, the allegation against the applicant is that he gave lathi blows on the head of the deceased Dharampal but the fact remains that no injury of lathi is found on the head of the deceased. The deceased expired on 18.1.2011 and no such symptoms/signs have been found in the post morteun whereby it can be inferred that the deceased expired as a result of the injuries received by him. He has specifically read the post mortem report p icularly, the opinion of the doctor regarding cause of death which reveals that the opinion regarding cause of death would be given after the receipt of viscera report.

(3.) Per contra, learned Public Prosecutor has opposed the bail application.