[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CRIMINAL LEAVE TO APPEAL NO. 164/2008 STATE OF RAJASTHAN Vs. ARJUN KUMAR & ANR. Date: 08.07.2008 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 judgment dated 04.10.2007 passed by the Additional Civil Judge (Jr. Division) & Judicial Magistrate No.1, Hindaun City, District Karauli (for short 'the trial Court') in Criminal Case No. 234/2007 (582/2006), whereby the accused-respondents have been acquitted from the offence under Sections 341, 323 r/w Section 34 IPC. Brief facts of the case are that a report was submitted by complainant Mukesh on 30.06.2006. After investigation, charge-sheet for the offences under Sections 341, 323 IPC was filed against the accused-respondents and subsequently cognizance for the aforesaid offences was taken against them. Charges for the offence under Sections 323/34 and 341 IPC were framed against the accused- respondents, who denied the charges and claimed to be tried. As many as 7 witnesses were examined from the accused-side. [2] After considering the statements of the prosecution witnesses as well as the defence witnesses and after going through the material available on the record, the trial Court was of the view that in the police proceedings drawn in the FIR, there is no mention with regard to any injury and the MLR report was prepared directly without approaching the police first. Thus, since the prosecution has utterly failed to prove the guilt under Sections 341, 323/34 IPC against the accused- respondents, therefore, benefit of doubt has been extended in favour of the accused-respondents and they have been acquitted from the aforesaid offences vide impugned judgment dated 04.10.2007. Having considered the submissions made on behalf of the appellant State, after carefully going through the impugned judgment dated 04.10.2007 and looking to the facts and circumstances of the case and the observations made by the trial Court, this Court is of the view that the trial Court has committed no illegality in holding that the prosecution has failed to prove the guilt against the accused-respondents beyond reasonable doubt and, therefore, benefit of doubt has rightly been extended in favour of the accused- respondents while acquitting them from the offence under Sections 341, 323/34 IPC. The impugned judgment dated 04.10.2007 passed by the trial Court requires no interference by this Court. [3] Consequently, the criminal leave to appeal fails being devoid of merit and the same is hereby dismissed. (K.S. RATHORE),J. /KKC/