BHOJA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HAVING heard learned counsel for accused petitioners, learned Public Prosecutor and going through the contents of the F.I.R. No. 153/2003 lodged at Police Station Nasirabad, prima facie, I am satisfied that it is a case of over-implication of the accused petitioners in the criminal case.

(2.) ON record the allegation against these three accused petitioners is that they pelted stones. The learned Public Prosecutor does not dispute that on the person of the injured there was no injury by the act of these accused persons of pelting stones. There is only one injury by sharp edged weapon and that has been assigned to one Kuka. The whole tenor of the F.I.R., prima facie, suggests that they are named in the FIR because they were with the main accused Kuka. In the facts of this case I am satisfied that the accused petitioners are entitled for the benefits of Section 438 of the Cr.P.C.