State Of Rajasthan vs Rohthash And Others
2022 Latest Caselaw 151 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           D.B. Criminal Leave To Appeal No. 132/2015

State Of Rajasthan through PP
                                                                   ----Appellant
                                      Versus
1. Rohthash S/o Soram, R/o Siroli Kala, Police Station Tijara,
District Alwar, Raj.
2. Roshan, S/o Soram, R/o Siroli Kala, Police Station Tijara,
District Alwar, Raj.
3. Bhallon, S/o Shri Ram, R/o Siroli Kala, Police Station Tijara,
District Alwar, Raj.
4. Baljeet, S/o Shri Ram, R/o Siroli Kala, Police Station Tijara,
District Alwar, Raj.
                                                      ----Accused/Respondents

For Appellant(s) : Mr. Javed Choudhary, Addl. Govt. Adv. For Respondent(s) : Mr. Narendra Singh Shekhawat, through VC

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

06/01/2022

1. State has filed this Criminal Leave to Appeal against the

judgment and order dated 15.12.2015 passed by Addl. Sessions

Judge, Tijara, Alwar.

2. It is contended by learned Addl. Govt. Advocate that the trial

Court has erred in acquitting the accused/respondents. Court has

not appreciated the evidence of PW-2 Sampat who is also an

injured witness.

3. Learned counsel appearing for the accused/respondents has

opposed the criminal leave to appeal. It is contended that all the

witnesses including wife of deceased has turned hostile. It is also

(2 of 2) [CRLLA-132/2015]

contended that PW-2 Sampat is not a reliable witness as he has

alleged that Rohthash, Baljeet and Pappu gave lathi blow on the

head of the deceased, whereas there is single injury caused to the

deceased and deceased died after two and a half months of the

incident.

4. We have considered the contentions.

5. Both the parties had submitted a compromise before the

Court below and offence under Sections 323 & 341 IPC were

compounded by the Court below. Evidence of PW-2 Sampat is not

reliable as he has levelled allegations against three persons of

causing injury on the head of the deceased, whereas deceased has

sustained only one injury on the head. As per Sampat, Pappu also

gave blow with lathi on head but Pappu has not been

charge-sheeted. As per the medical opinion, cause of death is due

to abscess which might have been probably caused by the head

injury. The evidence of doctor is also not directly linking the injury

as cause of death. The deceased sustained a single blow but there

is no evidence as to who had caused that injury.

6. In view of the above, we are not inclined to entertain the

criminal leave to appeal and the same is accordingly, dismissed.

(CHANDRA KUMAR SONGARA),J (PANKAJ BHANDARI),J

CHANDAN /2

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