Sangeet Lodha, J. - (1.) Heard learned counsel for the applicants and the learned Public Prosecutor and also perused the material available on record.
(2.) The applicants are facing trial for offences under Secs. 279, 323, 325 & 304/34 IPC and Sections 3(2)(x) & 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.
(3.) Learned counsel for the applicants submitted that deceased Moda Ram was medically examined by the Medical Jurist, CHC, Samdari on 06.12.2010 itself, wherein only two injuries ere found present on his person. Injury No. 1 was in the nature of haematoma on the left arm, whereas second injury was in the form of bruises on the middle part of back side of chest. Injury No. 1 which was in the form of haematoma was found to be grievous in nature as there was a fracture of left humerus. It is submitted that incident of beating occurred on 06.12.2010, whereas injured died on 17.12.2010 i.e. 11 days after alleged incident. Learned counsel submitted that while giving postmortem report, opinion regarding cause of death was reserved by the Medical Jurist awaiting Hystopathological Examination Report of viscera. It is submitted that as per report of Department of Forensic Medicine, M.G. Hospital, Jodhpur, the cause of death of deceased Moda Ram is found to be septicaemia and multiple organ dis-functions as a result of injuries on left upper extremity with secondary infection. Accordingly, it is submitted by the learned counsel that on the basis of the evidence on record, it cannot be inferred that Moda Ram died on account of injuries alleged to have been inflicted by the applicants herein.;