Ved Prakash vs State
2022 Latest Caselaw 6386 Raj

                                         (1 of 2)                    [CRLLA-321/2019]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Crml Leave To Appeal No. 321/2019

Ved Prakash S/o Shri Godhu Ram, Aged About 46 Years, B/c
Meghwal, R/o 6 Kam, P.s. Anoopgarh, District Sri Ganganagar
(Raj.).
                                                                     ----Appellant
                                     Versus
1.        State, Through P.p.
2.        Nanak Ram S/o Dhanna Ram, B/c Meghwal, R/o 6 Kam,
          P.s. Anoopgarh, District Sri Ganganagar (Raj.).
3.        Panna Ram S/o Nanak Ram, B/c Meghwal, R/o 6 Kam,
          P.s. Anoopgarh, District Sri Ganganagar (Raj.).
                                                                  ----Respondents


For Appellant(s)           :     Mr. Rajesh Saharan
For Respondent(s)          :     Mr. Mukesh Trivedi, PP
                                 Mr. Vijay Kumar Gaur



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

02/05/2022

     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

     The criminal leave to appeal has been preferred claiming the

following reliefs:-


     "The Judgment & Order dated 30.05.2019 passed by
     learned Additional Sessions Judge, Anoopgarh, District
     Sri     Ganganagar        in     Session         Case        No.38/2016
     (Computer No.61/16) may kindly be quashed and set
     aside and the Respondent No.2 & 3 may kindly be
     convicted for the offence Under Sections 308, 323,

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                                                                           (2 of 2)                 [CRLLA-321/2019]


                                        324, 341 & 34 of IPC and be sentenced accordingly;
                                        and
                                               Any other order or direction, which this Hon'ble
                                        Court may deem fit and proper in the facts and
                                        circumstances of the case, may be passed in favour of
                                        the Applicant/Appellant."

                                         Learned counsel for the appellant submits that the intention

                                   and knowledge to inflict an injury sufficient to cause death, takes

                                   the matter to the ambit of Section 308 of the IPC. Learned counsel

                                   further submits that the witnesses have firmly deposed that the

                                   intention and knowledge were present, while the accused caused

                                   such injury.

                                         Learned counsel for the respondent submits that looking into

                                   the overall facts of the case, even if the conviction is upgraded to

                                   Section 308 IPC, then also the benefit of Section 4 of the

                                   Probation of Offenders Act, 1958, which has been given, will

                                   operate.

                                         This Court, after hearing learned counsel for the parties as

                                   well as perusing the record of the case, finds that the impugned

                                   order passed by learned trial court is justified and once the

                                   conviction has been upheld and benefit of Section 4 of the

                                   Probation of Offenders Act, 1958 has been given, no cause of

                                   interference is made out in the present leave to appeal.

                                         Thus, the present criminal leave to appeal is dismissed. All

                                   pending applications also stand dismissed accordingly.



                                                                (DR.PUSHPENDRA SINGH BHATI), J.

91-Sudheer/-

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