Rajasthan High Court - Jodhpur
Sandeep Kumar vs Kamal And Ors on 8 July, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crml Leave To Appeal No. 530/2017
Sandeep Kumar S/o Laxman Singh, R/o Gopalpura Road, Man
Public School, Sujangarh, District Churu.
----Appellant
Versus
1. Kamal S/o Jagdish Prasad, By Caste Mali, Resident Of
Ward No. 3 Sujangarh, Distt. Churu.
2. Goverdhan S/o Jagdish Prasad, By Caste Mali, Resident Of
Ward No. 3, Sujangarh, Distt. Churu.
3. Sharwan Kumar S/o Jagdish Prasad, By Caste Mali,
Resident Of Ward No. 3 Sujangarh, Distt. Churu.
4. Ganesh S/o Harishchand, By Caste Mali, Resident Of Ward
No. 3 Sujangarh, Distt. Churu.
5. Gopal S/o Puranmal Mali, By Caste Darji, R/o Ward No. 4,
Sujangarh, Distt. Churu.
6. State Of Rajasthan Through PP
----Respondents
For Appellant(s) : Mr. Rajendra Choudhary (through VC)
For Respondent(s) : Mr. A.R. Choudhary, PP
Mr. S.K. Dadhich (through VC)
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
08/07/2021
The instant application for leave to appeal has been filed by
the petitioner-complainant Sandeep Kumar for assailing the
judgment dated 17.02.2017 passed by learned Addl. Sessions
Judge, Sujangarh District Churu in Criminal Appeal No.02/2017
whereby the learned appellate court accepted the appeal of the
accused-respondents, set aside the judgment dated 17.12.2016
passed by learned Addl. Chief Judicial Magistrate, Sujangarh in
(2 of 3) [CRLLA-530/2017]
Criminal Case No.143/2013 and acquitted the respondents from
the charges under Sections 341, 323, 325, 427, 147 & 148 of the
IPC.
I have given my thoughtful consideration to the submissions
advanced at bar and have gone through the impugned judgment
and the original record.
The material prosecution witness examined to prove the
charges against the accused persons was none other than the
applicant-appellant Sandeep Kumar (PW.5). Elaborating upon the
assault made upon himself, he alleged that he had gone to Man
Public School for bringing the children in his tempo. He had
reached Dungar Balaji Road when two cars came around and
blocked his way. From these cars, Gopal Darji, Kamal Mali,
Srawan, Rajaram, Ganesh, Govardhan, Kanhaiyalal and Manoj Mali
got down. A few of these assailants had covered their faces with
clothes. They opened the gate of the tempo and pulled him down
and then brutally beat him up and caused grievous injuries on his
legs. His tempo was badly damaged. In cross-examination, the
witness alleged that Kanhaiyalal gave him two blows by an iron
rod on the right leg, whereas Manoj gave him blows by a pipe on
his back and Rajaram gave him 2-3 blows on his leg by a pipe.
When these three were assaulting him, the other persons (private
respondents herein) were just standing nearly and they made no
attempt to participate in the assault.
In this background, manifestly, the assembly was not illegal
and there was no common object between the respondents herein
and the three principal accused persons (named supra) in the
assault made on the complainant. As a consequence, I am of the
firm opinion that the trial court was absolutely justified in
(3 of 3) [CRLLA-530/2017]
acquitting the respondents from the charges by the impugned
judgment dated 17.02.2017 which ex-facie does not suffer from
any infirmity or illegality whatsoever warranting interference
therein. Hence, this application for leave to appeal filed by the
applicant-appellant fails and is dismissed as being devoid of merit.
(SANDEEP MEHTA),J
70-Sudhir Asopa/-
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