GULAB SINGH AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) Learned counsel for the appellants has not challenged the factum of incident but the challenges the nature of offences as held against the accused persons Gulab Singh, Nathu Singh, Laxman Singh, Udai Singh and Shambhu Singh. According to him, none of the injured or deceased had sustained any such injury which can be said to be sufficient to cause death. His argument is that at best accused persons could have had the intention of robbing them by disabling and in that process may be the incident of killing has occurred. Therefore, offence u/s. 302, Penal Code cannot be said to be made out against the accused persons.

(3.) Learned Public Prosecutor feebly agrees that there was no injury on the person of the deceased. Mechanical injury being absent it would be unjust if the arguments of the learned counsel for the appellants is not given some weightage. In this background offence u/s. 307, IPC, would be clearly made out because in that process there was an attempt by virtue of which one of the victims have died.