(Mohan M. Shantanagoudar and Indira Banerjee, JJ.)
Rattiram ________________________________________ Appellant;
v.
State of Rajasthan _______________________________ Respondent.
Criminal Appeal No. 664 of 2019 [Arising out of SLP (Crl.) No. 4636/2018], decided on April 12, 2019
The Order of the court was delivered by
Order
1. Leave granted.
2. Heard learned counsel on both the sides.
3. The appeal filed by accused No. 1-Bhagwan Singh, is already dismissed inasmuch as ample material is found against him; he assaulted the deceased-Harjiram on the neck with a lathi. The evidence of the doctor-PW-12 and the post-mortem report support the version of the eyewitnesses in respect of accused No. 1.
4. So far as accused No. 2-Rattiram is concerned, the evidence on record, including the versions of eye-witness in their examination-in-chief itself, consistently discloses that Rattiram did not assault the deceased but he was present along with accused No. 1. However, the evidence also reveals that Rattiram assaulted certain other persons who were injured in the incident. Those injured persons had suffered simple injuries.
5. The trial court had acquitted both the accused. The High Court has convicted both of the accused for the offence under Section 304 Part-II of the Indian Penal Code (IPC) and sentenced them to undergo three years rigorous imprisonment. The second accused-Rattiram has already undergone imprisonment of 14 months. The High Court had not convicted the accused No. 2 with the help of Section 34 IPC.
6. Having regard to the totality of the facts, circumstances and evidence against the appellant-Rattiram, he is liable to be convicted at the most under section 324 IPC. Accordingly, the following order is made :
a) As mentioned supra, the appeal filed by accused No. 1-Bhagwan Singh is already dismissed by order of this Court dated 17.5.2018.
b) Accused No. 2-Rattiram is convicted under Section 324 IPC and sentenced to undergo imprisonment for the period already undergone by him. He shall be released forthwith in the present case, if not required in any other case.
7. The appeal is allowed accordingly. Pending application, if any, shall stand disposed of.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 4636/2018
Rattiram __________________________________________ Petitioner
v.
The State of Rajasthan ______________________________ Respondent
Date : 12-04-2019 This petition was called on for hearing today.
(Before Mohan M. Shantanagoudar and Indira Banerjee, JJ.)
For Petitioner(s) Mr. Abhishek Gupta, AOR
For Respondent(s) Mr. Jayant Bhatt, Adv.
Ms. Jyoti Sharma, Adv.
Ms. Ruchi Kohli, AOR
UPON hearing the counsel the Court made the following
ORDER
8. Leave granted.
9. The appeal is allowed in terms of the signed order.
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