PRABHU LAL & ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application under S.439 Crimial P.C. has been filed by the accused petitioners in FIR No. 118/06 registered at Police Station Kavai for the offence under section 302/34 and 379 IPC.

(2.) Heard learned counsel for the accused petitioner's learned Public Prosecutor for the State and perused the case dairy and other material produced during the course of arguments.

(3.) It was inter alia, contended that according to the injury report, deceased Ramesh Chand received four injuries of simple nature on his arms and both the knee and the two injuries on the left arm and chest have been described as complaint of pain, but there was no allegation that the accused petitioners have inflicted any injury on his spleen or in that region nor any visible injury was found on that part. It was also contended that according to the postmortem report of the deceased his spleen was enlarged and he died on account of rupture of the enlarged spleen for which the accused-petitioners were not responsible nor in any way this matter can be said to come in the ambit of section 302 or 304 IPC. Learned counsel placed reliance on the judgment rendered in the case of Durgalal & others Vs. The State of Rajasthan 1978 R.Cr.C. 78.