STATE OF RAJASTHAN Vs. BANE SINGH AND ORS

JUDGEMENT

(1.) The State of Rajasthan has filed the present application for leave to appeal to assail the impugned judgment dated 27.10.2016, whereby the said court acquitted accused respondents of offences under Sections 308 , 325 , 452 and 148 IPC. However, the trial court held accused respondent Bane Singh, Prem Singh, Phool Singh, Rod Singh and Gabba guilty of offence under Section 147 , 452 , 323 / 149 IPC. Having convicted the above accused for the aforesaid offences, the trial Judge released them on probation under Section 4 of Probation of Offenders Act.

(2.) In the present case, two of the injured namely Kailash Chand (P.W.1) and Liladhar (P.W.2) were medico-legally examined by Dr. Pukhraj Meena (P.W.7). The said doctor only found three injuries on the person of Kailash Chand (P.W.1). Injury No.1 was swelling on the right ankle and injury no.2 was swelling on the left ankle and injury no.3 was contusion of 1x2cm on left shoulder. Similarly, Liladhar (P.W.2) suffered five injuries. Injury No.1 was incised wound on the head, injury no.2 was 4.5 x 3cm, on the lower part of chest, injury no.3 was contusion on the right shoulder, injury no.4 was contusion accompanied by swelling on the right knee and injury no.5 was contusion on the left arm. All the injuries on the person of Liladhar were declared simple in nature.

(3.) Dr. Gauri Shankar Chauhan (P.W.6) conducted radiological examination of Kailash Chand (P.W.1) and found fracture of both right and left knee. Kailash Chand (P.W.1) who suffered fracture of both ankle, in cross-examination, admitted that in his police statement (Exhibit-D/1) it is recorded that he had jumped from the roof and due to same he had suffered injuries on feet.