RAMJI PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist, learned AGA for the State and perused the record.

(2.) This criminal revision is directed against the order dtd. 8/7/2022 passed by Sessions Judge, Varanasi in S.T. No.268 of 2022 (State vs. Brijesh and another) crime no.480 of 2015 under sec. 147, 148, 149, 308, 323, 504, 506 IPC, P.S. Cantt. District Varanasi.

(3.) The FIR of this case was lodged by opposite party no.2 alleging therein that today on 19/8/2015 at about 10:00 am, the accused Brijesh Kumar, Guddu, Rakesh Kumar came at the door of the revisionists and started to abuse. Meanwhile, Brijesh and other family members Ramji, Randheer Kumar and Anil Kumar and Arun Kumar also came at the door of the complainant and started to assault the complainant and his brother Ravi Kumar with iron rod, bricks danda and butt of country made pistol causing serious head injury to Ravi Kumar. The complainant also suffered injuries on his head, back and waist and became unconscious on the spot. The accused-persons ran away presuming that the complainant and his brother are dead. The injured were medically examined and after investigation, charge-sheet was submitted against all the named accused persons. The accused-revisinist moved an application U/s 227 Cr.P.C. alleging therein that the injured have not suffered any grievous injury. The doctor who has conducted the medical examination has not stated that injuries of the injured are grievous in nature which may cause death. Doctor has given the opinion that injuries are simple in nature. No supplementary report has been prepared on the basis of X-Ray report and C.T. Scan. Hence no offence U/s 308 is made out. The learned trial court by the impugned order, after hearing both the parties has rejected the aforesaid application. Aggrieved with it, this revision has been filed.