STATE OF RAJASTHAN Vs. BABU LAL AND OTHER

JUDGEMENT

(1.) This criminal leave to appeal has been preferred by the State seeking leave to file criminal appeal against the judgment dated 20.10.2016 passed by the Sessions Judge, Jodhpur Metropolitan (hereinafter to be referred as the 'trial court') in Sessions Case No.75/2014 whereby, the trial court has acquitted the accused respondents for the offences punishable under Sections 307 or 307/34 IPC and Section 336 IPC.

(2.) Learned Public Prosecutor has submitted that from the statement of PW-1-Rajendra, PW-12-Dr.Imran and Exhibit-13, it is clear that the accused respondents had inflicted a grievous injury on the head of PW-1-Rajendra and the said injury was dangerous to life, however, the trial court without appreciating the said peace of evidence in right perspective has erred in acquitting the accused respondents for the offences punishable under Sections 307 or 307/34 IPC. It is also submitted that the other witnesses namely PW-2-Dinesh and PW-3-Mahendra have also supported the prosecution story and specifically stated that the accused respondents had inflicted a grievous injury on the head of the injured PW- 1-Rajendra, however, the trial court has wrongly disbelieved the testimonies of the said witnesses. Learned Public Prosecutor has further argued that a "Kunth" was recovered at the instance of accused respondent-Babu Lal and taking into consideration the overall evidence available on record, it is clear that the prosecution has sufficiently proved the guilt of the accused respondents, however, the trial court has grossly erred in acquitting them for the offences punishable under Sections 307 or 307/34 of IPC.

(3.) Heard learned Public Prosecutor and carefully scrutinised the record.