RAM CHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) On the basis of a report lodged by one Sheo Ram on 21-4-1989 for the incident alleged to have been taken place on 20-4-1989, a case was registered against the petitioner for the offence under Sections 323, 341, 447/34 of the Indian penal Code under First Information Report No 95/89 and on the death of Brijlal, Section 302 of the Indian Penal Code was added. In the report it has been alleged that the accused, Kanhiya, Shiv Charan and Ram Charan (petitioner) inflicted blow on the person of the deceased, which resulted into death.

(3.) Learned Counsel for the petitioner, therefore; contends that in the First Information Report as well as police statement, fatal injury has been assigned to the co-accused, Kanihiya and Shiv Charan, and the allegation against the petitioner is that he inflicted blow on the person of the deceased which according to some of the witnesses hit at the hand and back but on a perusal of the injury reports it would show that there is no injury on the back of the deceased It has also been contended by the learned Counsel that cross case has also been registered for the offence under Sections 147, 323 & 447 of the Indian Penal Code and so, in such circumstance the petitioner is entitled to release on bail.