KESHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this revision petition the petitioners have challenged the order of the trial court dated 8.1.1998 whereby the charge has been framed against the petitioners under Sec. 307/34 and 324/34 IPC.

(2.) Learned counsel for the petitioners urges that charge has been framed by the trial court by substituting its own opinion, though on record, opinion of the doctor was available which was very clear and explicit stating inter alia that none of the injuries were grievous and dangerous to life. All the injuries were simple. As and when, such simple injuries are caused, then no offence under Sec. 307 Penal Code can be said to be made out. Learned counsel for the petitioners relies on the decision of this Court reported in AIR 1966 Page 68 (Rajasthan) Roopa and another Vs. State of Rajasthan wherein the trial court had convicted the accused under Sec. 326 Penal Code but this Court felt that accused should have been convicted under Sec. 324 IPC. Learned counsel for the petitioners states mat in view of the ratio laid down by this Court that doctor's statement is very important wherein he says that vital Organs have not been effected, the trial court only should have convicted the accused for the offence under Sec. 324 IPC.

(3.) Per contra, learned counsel for the complainant has urged that at the stage of framing charge under Sec. 228 Penal Code (sic. Cr.PC.) only, the trial court is required to frame its own opinion on the basis of the material on record. If the trial court has framed its opinion that prima facie an offence under Sec. 307 Penal Code is made out, then revisional court should not exercise its jurisdiction to interfere with the opinion framed by the learned trial court. Learned counsel has relied upon 1998(2) RCD 898 (Raj.) Bhagwan Singh and others Vs. State of Rajasthan , 1998(2) RCD 1231, Bahdar Singh and others Vs. State and RLR 1995(2) 135 Kishan Singh Vs. State wherein this Court has expressed that at the stage of framing charge, nature of injury is not required to be looked into. What is to be seen is the inteltion of the accused. If the act has been performed in a particular manner, the court is at liberty to frame charge under Sec. 307 Penal Code notwithstanding that there is no serious injury inflicted to the injured.