[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CRIMINAL LEAVE TO APPEAL NO. 204/2008 STATE OF RAJASTHAN Vs. HANSRAJ & ANR. Date: 25.07.2008 HON'BLE MR. JUSTICE K.S. RATHORE Mr. B.S. Chhaba, Public Prosecutor for the State. **** The present criminal leave to appeal under Section 378(i)(iii) Cr.P.C. is directed against the impugned judgment dated 14.05.2007 passed by the Additional Judicial Magistrate, Karauli in Criminal Case No. 84/2003, whereby the accused-respondents have been acquitted from the offences under Sections 323, 341 and 325/34 IPC giving benefit of doubt. I have heard learned Public Prosecutor appearing for the State and have also gone through the impugned judgment dated 14.05.2007. As per the complaint, on 02.06.2003 at 1.00 p.m., a scuffle took place between the complainant Smt. Dakha, her daughter and the accused-respondents at Bus Stand of village Mangrol, in which Guddi sustained fracture of humorous bone of left hand. The accused-respondents inflicted simple as well as grievous injuries on their person. [2] On the basis of the above report, a case was registered at Police Station Sapotara and investigation commenced. After investigation the police filed charge-sheet for the offence under Sections 323, 341, 325/34 and 354 IPC against the accused-respondents. Thereafter the trial Court took cognizance against the accused-respondents for the aforesaid offences. Charges for the offence under Sections 323, 341 and 325/34 IPC were framed against the accused-respondents, who denied the charges and claimed trial. During trial the statements of the witnesses were recorded. The prosecution witnesses given contradictory statements and also not able to prove the charges under Sections 323, 341 and 325/34 IPC against the accused-respondents. No independent witness was examined to corroborate the prosecution story. It was also alleged that the complainant fell down from the roof of her house and sustained the injury. Since the prosecution utterly failed to prove the guilt against the accused-respondents, therefore, extending the benefit of doubt they have been acquitted from the offences under Sections 323, 341 and 325/34 IPC vide impugned judgment dated 14.05.2007. This Court do not find any illegality or error in the impugned judgment dated 14.05.2007 passed by the Additional Judicial Magistrate, [3] Karauli and the same requires no interference by this Court. Consequently, the criminal leave to appeal fails being devoid of merit and the same stands dismissed. (K.S. RATHORE),J. /KKC/