HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

S.B. Criminal Leave To Appeal No. 542 / 2016

State of Rajasthan

----Appellant

Versus

1. Suresh Kumar S/o Ramkalyan B/c Dhakad, R/o Lasedia Kala

Police Station Bapavarkala, Distt. Kota

2. Sheeturaj Singh S/o Shri Bhanwar Singh B/c Rajpoot, R/o

Lasedia Kala Police Station Bapavarkala, Distt. Kota

----Respondents

_____________________________________________________

For Appellant(s) : Mr. Prakash Thakuriya PP

For Respondent(s) : Mr. Ajay Singh

_____________________________________________________

HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Judgment

07/02/2018

State of Rajasthan has preferred the present

application for grant of leave to appeal to assail the acquittal of

accused respondents for offences under Sections 308 or 308/34,

325 or 325/34 IPC.

Accused respondents were tried in Sessions Case No.

118/2012 by the court of Additional Sessions Judge No.5, Kota.

The said court convicted the accused respondents for offences

under Sections 341 and 323 or 323/34 IPC. Having convicted the

accused respondents for above said offences, the trial Judge by

extending benefit of Section 3 of Probation of Offenders Act

released the accused respondents on probation by imposing cost

of litigation of Rs.10,000/- upon each accused. Out of the amount

of cost of litigation, the trial Judge ordered that Rs.15,000/- shall

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be paid to injured Purshottam and Rs. 5,000/- to injured

Ramhetar.

A co-ordinate Bench on 20.1.2017 had called for the

records.

In the present case, a limited controversy has arisen,

which in form of question can be formulated as under:-

Whether opinion of the attending doctor who not only

clinically observed, treated and after examination of

skiagram declared injury to be grievous, can be rejected

merely on the ground that specific opinion of the

Radiologist has not been proved by examining the

Radiologist.

To answer above question, it will be necessary to notice

facts of the case, finding given by the trial Judge and two

judgments of this Court relied by the trial Judge to hold that no

grievous injury has been caused falling within the ambit of Section

325 IPC.

Brief Facts:

Ramhetar (P.W.2) on 8.8.2012 at 9:50 PM, presented a

written report Exhibit-P/1 at Police Station Bapawar Kalan, Kota.

The said written report (Exhibit-P/1) when translated into English

reads as under:-

“To

SHO

Police Station Bapawar, District (Kota)

Subject: lodging of the report.

Sir,

It is submitted that today on 8.8.2012 at about 7:30

PM, I was sitting out on Chabutri (raised platform outside

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the house). Suresh Kumar son of Ram Kalyan Dhakad who

is our neighbor, seeing me sitting on Chabutri, started

giving abuses in front of our house. I and my brother

Purshottam asked him not to give abuses. At that time,

Shituraj Singh friend of Suresh Kumar brought a stick.

Immediately on arrival, he caused a lathi blow on my right

hand which had hit on the elbow. My brother Purshottam

intervened. Then, Suresh Kumar caught hold of brother

and Shituraj Singh caused lathi blow on both the elbows

and on the back. He was made to fall down on the ground.

Then my Bhai Saheb Bharat Ji intervened and saved us,

otherwise they would have given us more beating. After

causing beating, accused decamped from the spot. My

brother was brought for treatment to Baran hospital by

our family members. I have come to present the report.

Report is being presented for taking action.

Sd/

Ramhetar son of Shiv Narayan Ji Dhakad, Resident of

Lasediya Kalan, Police Station Bapawar Kalan.

8.08.2012”

On the basis of above written r