BASHIR & ORS Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Learned counsel for the accused applicants submits that during trial applicants Bashir, Ali and Abdul Gaffar were on bail and in the statement of eye witness PW-2 Babu Ram there is no specific allegation against them for inflicting any particular injury. Further, it is submitted that from accused applicants Ali and Abdul Gaffar Lathis were recovered and there is no specific allegation for inflicting injury by Lathis against them. It is also submitted that although there is allegation for inflicting injury by Farsi, which is a sharp edged weapon by the accused applicant Bashir, but testimony of PW-2 Babu Ram is required to be disbelieved because he was not present at the time of occurrence took place. Learned Public Prosecutor as well as learned counsel for the complainant submits that it is a case in which all the accused persons lashed with sharp edged weapon Farsi and Lathis caused grievous injuries to the deceased Aamdeen which resulted into the death. It is also submitted that prosecution has proved its case beyond reasonable doubt, therefore, accused applicants are not entitled to be released on bail.

(3.) After hearing the learned counsel for the parties, we are of the opinion that for inflicting injury by Farsi, which is sharp edged weapon is against accused applicant Bashir and number of incised wounds were found upon the body of the deceased, therefore, we are not inclined to suspend the sentence of the accused applicant Bashir.