1 S.B. Cr. Leave to Appeal No.15/2009 State of Rajasthan vs Munna Ram & Anr. Date of order : 31.7.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. OP Singaniya, Public Prosecutor. <><><> Heard learned Public Prosecutor on leave to appeal preferred against the judgment of acquittal dated 15.10.2008 passed by the Addl. Sessions Judge (Fast Track) Nagaur by which the trial court acquitted both the accused from the charge for offences under Sections 459, 307, 326, 324, 307/34, 326/34 and 324/34 IPC. As per the prosecution case in the night of 20.1.2007 at 10.00 PM, two accused came and knock the door of the victim Kana Ram who opened the door and instantly the accused Munna Ram inflicted injury by share edged weapon upon which face of said victim Kana Ram resulted into bleeding. At that time, Kana Ram's wife was also with him who instantly put the battery on and they could identify the two accused. After inflicting injury both the accused ran away on motorcycle. It is alleged that blood fell on the site 2 also and Kana Ram was taken to hospital and on next day in morning at about 9.30 AM, the report was lodged by Kana Ram's brother Kachara Ram being FIR No.1/2007 under Sections 458 and 323 IPC and during investigation one more report was submitted on 8.2.2007 (Ex.P/12) stating therein that the accused made attempt to kill the victim and on this report offence under Section 307 IPC was also added for the purpose of investigation. During investigation, witnesses were examined who were PW-1 Dr. Raj Kumar, PW-2 Gamanda Ram, PW-3 Parsa Ram, PW-4 Jeevan Ram, PW-5 Kripa Ram, PW-6 Nimba Ram, PW-7 Khinya Ram, PW-8 Banshi Ram, PW-9 Bhanwari, PW-10 Kachara Ram, PW-11 Hardeen Ram, PW-12 Prema Ram, PW-13 Dhanna Ram, PW-14 Ram Niwas, PW-15 Jag Ram and PW-16 Kana Ram. The injury report was obtained. The FSL report was also obtained. The motor cycle and the weapon of offence- Farsi were recovered and challan was submitted. The charges were denied by both the accused persons and the trial court after considering the evidence produced on record held that victim's statement are not corroborated by the medical reports. Even it was stated that one teeth fell down whereas the medical report and doctors 3 statements says that no teeth fell down and there was fracture in one of the teeth only. The statement of injured and eye witnesses were not found trustworthy. From the soil collected from the spot the, the blood was identified as blood group (B), whereas blood on shirt and Baniyan of the victim though had blood but it could be identified human blood of group and the trial court observed that it is improbable that the blood may fell down on the soil which the group can be identified, but the victim's cloths will not have the blood of that quantity. Further more, the trial court also observed that though it is alleged that Farsi was recovered, but from FSL report (Ex.18) it is clear that no human blood was found on the said Farsi. The Farsi is a common weapon found with the villagers. The accused were not the residents of village nor they had any relation and enmity with the the victim and his family members. Only allegation of the complainant is that a year ago there was some dispute in the agricultural field and, thereafter, there was no overt act of the accused. From the above evidence, which has been perused after calling the record by this Court, this Court is of the view that there was no reasonable reason for not believing 4 the statement of the victim and his wife and it is difficult to connect the accused with the crime as mere recovery of Farsi from the accused is of no consequence when that cannot be connected with the crime and in addition to above fact that prosecution failed to connect the accused with any crime. In view of the above reasons, I do not find any reason to grant leave to appeal. Hence, this leave to appeal is dismissed. [PRAKASH TATIA], J. cpgoyal/-