GURDEEP SINGH AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) While pressing this Application, it is submitted by learned Counsel for the applicants that the fatal injury causing death of Mangi Lal is assigned to Arjan Ram @ Arjun Singh, who as per prosecution gave a 'Barchi blow on the head of deceased. It is also stated that so far as other accused persons are concerned, the allegations against them are quite omnibus and no specific role is assigned to them. As regards to their conviction under Section 302 I.P.C. with the aid of Section 149 I.P.C. is concerned, it is stated that there is no evidence available on record to arrive at a conclusion that all the accused persons were sharing a common object. According to learned Counsel, even as per defence witness, the applicant were going on road and at that time Kalu Ram blocked their way.

(2.) Learned Public Prosecutor as well as learned Counsel for the complainant while opposing the application submits that though Mangi Lal died after 15 days from the date of incident but he was in coma for all this time, therefore, mere only on the count that the death occurred after a lapse of 15 days, no sympathy can be extended to the accused persons.

(3.) Heard learned Counsel for the parties.