IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CRML LEAVE TO APPEAL No. 94 of 2008 STATE V/S RATAN LAL Mr. JPS CHOUDHARY, PP, for the appellant / petitioner Mr. BN KALLA, for the respondent Date of Order : 20.1.2009 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- Heard learned Public Prosecutor, perused the impugned judgment and the record. In our view, the learned trial Court has dealt with the evidence threadbare, and has given cogent reasons for not believing the involvement of the respondent accused Ratan. We have again gone through the record, and find that as the story has been projected that son of the deceased being Kesu was informed that his father has been tied in the house by Mangi Lal. Thereupon he went towards the house of Mangi Lal, but he was scared away. Mangi Lal had tied his father with the help of strings, and was having a Danga in his hand, with which he was beating, and that his father was bleeding from head. Feeling helpless, he went to the village, and called his mother, and saw that the present respondent was driving the moped M-80, on which other co-accused Mangi Lal was also sitting as a pillion rider, and in between the two, the deceased was also made to sit. Thereafte1r, the deceased was not found. Suffice it to say that from the material on record, it is not shown that the cloths of the accused-respondent Ratan Lal at all got smeared with blood, which would have been absolutely natural consequence if the respondent-accused would have been in the position as we are asked to believe. Likewise, as rightly found by the learned trial Court that P.W.4 Kesu, the son of the deceased, who has lodged the report, and claims to be witness of this fact, has not disclosed this in the First Information Report, despite it being a very material circumstance requiring to be disclosed, if the accused Ratan Lal was at all involved in the manner as the Court is asked to believe. Thus, in our view, no sufficient ground is made out for interference in the order of acquittal of the respondent Ratan Lal. The petition for leave to appeal is, therefore, dismissed. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /tarun/