Prabhati S/O Bhagwana vs Ramphool S/O Jagmaalsingh
2023 Latest Caselaw 989 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Criminal Appeal No. 2551/2022

Prabhati S/o Bhagwana
                                                                  ----Appellant
                                   Versus
Ramphool S/o Jagmaalsingh
                                                                ----Respondent

For Appellant(s)         :     Ms. Nikita Yadav
                               Ms. Neha Goyal
For Respondent(s)        :     Mr. Rajendra Yadav, GA-cum-AAG



         HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

                                    Order

30/01/2023

Heard learned counsel for the appellant victim.

Learned counsel for the appellant submits that the statement

of injured PW-3, Prabhati Lal who is senior citizen, also of

radiologist PW-8 Dr. Shyammohan Agarwal and related exhibits,

Exhibit-P4 and P-20 specifically indicated that injuries Nos. 2, 11

and 12 were caused by sharp weapon. In ocular evidence PW-3

Prabhati specifically corroborated the fact mentioned in the FIR

regarding use of Pharsi. Learned counsel for the appellant submits

that conviction should have been recorded under Sections 326 and

308 IPC but learned trial court instead convicted all accused under

Section 325 IPC and further released them on probation. Learned

counsel further submits that if they would have been convicted

under Section 326 or 308 or both of them then they were not

entitled to be released on probation by learned trial Court.

(2 of 2) [CRLAS-2551/2022]

Learned Public Prosecutor admits that till now no State

appeal is filed but he supports the contention of learned counsel

for the appellant.

After perusing the record and the statements of witnesses

along with medical evidence available on record, there appears to

be a reasonable ground to issue notices to respondents No. 1 to 3

to consider the grounds of appeal on which the judgment of

respondents/accused is challenged.

Let the notice be issued to respondents No. 1 to 3.

List after four weeks for admission.

(ASHOK KUMAR JAIN),J

PREETI VALECHA /88

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