1 S.B. Cr. Leave to Appeal No.162/2009 State of Rajasthan vs Doongar Singh & Anr. Date of Order dated 18.12.2009 HON'BLE MR. PRAKASH TATIA, J. Mrs.Chandra Lekha, Public Prosecutor. <><><> Heard learned Public Prosecutor. This petition for leave to appeal has been preferred against the judgment dated 12.12.2007 by which the learned Judicial Magistrate, Sirohi in Regular Criminal Case no.126/2002 acquitted the two accused-present respondents Doongar Singh and Parbat Singh for the charges under Sections 341, 323/34, 325, 325/34 and 427 IPC. For the incident of 7th June, 2002, an FIR was lodged at 11.25 PM by complainant Narpat Singh with the allegation that when he was going on his TVS Bike carrying milk with him, the accused Chail Singh, Parbat Singh, Lal Singh stopped him and threw his milk and started beating him. However, when the accused saw complainant's 2 brother Jitendra Singh coming on a tractor, the accused ran away and, thereafter, both – complainant and his brother Jitendra Singh came to their house and told this incident to their brother Mool Singh. While they were telling this incident to Mool Singh standing outside house then the accused Doongar Singh came with one Lathi and inflicted injury upon the right hand of Mool Singh and ran away. At that time, Bhanwar Singh was also near them. It is stated that due to old rivalry that beating was given. During trial the complainant Narpat Singh made unbelievable improvements in his statement and stated that he also was given beating, which was not the case in the written FIR submitted by Narpat Singh. He also stated that he was given beating by Lathi, which was by Jitendra Singh, however that was also not fact mentioned in the FIR nor it was proved from the medical report nor from the statement of the doctor. There are more serious infirmities in the statement of PW-1 Narpat Singh. Same is the position of statement of PW-6 Jitendra Singh and in fact, he did not see the incident. He did not see the accused on spot but according to the complainant the other accused stopped and threw the milk. Doongar Singh was also not found reliable. 3 From the record and the statements of the witnesses, this court found that the trial court considered the evidence of the witnesses carefully and has not committed any mistake in discarding the statement of the above witnesses. In view of the above reasons I do not find any reason to grant leave to appeal. Hence, the leave to appeal is dismissed. [PRAKASH TATIA], J. cpgoyal/-