SOMOTYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties and with their assistance perused the material made available during arguments.

(2.) COUNSEL for petitioners submits that for the alleged incident of 20.12.2011 all the three injuries sustained by the injured Ramshree as per his injury report were simple by blunt weapon. However, from the material which came on record that he was discharged from the hospital on 27.12.2011 and almost two months thereafter his injuries were re-examined on 16.02.2012 and it was opined that one of the injury was sufficient to cause death. Counsel submits that later development could not be relied upon and at the same time the petitioners also sustained injuries for which cross FIR was lodged against the complainant party in which charge-sheet came to be filed for offence U/s 452 IPC.