BHERU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) While pressing this application, learned Counsel for the applicant submits that the cause of death of deceased Chunni Lal is brain hemorrhage and shock due to grievous injuries. It is pointed out that an axe was recovered at the instance of co-accused Laxman and three incised wounds were found on the head of deceased. The fatal injuries, as such, are assigned to co-accused Laxman. So far as the present applicant is concerned, at his instance a 'lathi' was recovered and, therefore, his case is distinguishable with the case of co-accused Laxman, who has given fatal injuries. It is further submitted that the accused-applicant is an old man of 71 years of age and he is suffering from acute cardiac ailment and to have necessary treatment he also availed temporary suspension of sentence.

(2.) Learned Public Prosecutor while opposing the application submits that the conviction of present applicant has been recorded with the aid of Section 34 l.P.C., therefore, the distinction advanced is immaterial. It is further submitted that the applicant has also been convicted for the offence punishable under Section 3(2)(5) of SC/ST (Prevention of Atrocities) Act and, therefore, he is not entitled for any leniency.

(3.) We have considered the arguments advanced.