ROOPA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioners under Section 397/401 Cr.P.C. against the order dated 20.02.2018 passed by the learned Additional Sessions Judge, Bali, District Pali by which the learned trial court has framed the charges against the petitioners for offences under Sections 147, 148, 341, 323, 325, 307/149 IPC.

(2.) Counsel for the petitioners submits that according to the injury report of injured Heera Ram, he received five injuries in all, out of which two injuries are found to be grievous in nature that too on the non-vital part of the body. So far as injury No.1 which is caused on skull and injury No.5 which is caused on chest, both are found to be simple in nature by blunt weapon and the Doctor has also opined that none of the injuries is dangerous to life. In such circumstances, the charge framed against the petitioners for offence under Section 307/149 IPC is bad in the eye of law. Counsel submits that at the most the offence may not travel beyond 325 IPC.

(3.) Per contra, learned Public Prosecutor as well as learned counsel for the complainant submit that the injured Heera Ram received five injuries in all, out of which two injuries i.e. one on skull and another on chest, were caused on vital part of the body. Counsel submits that these two injuries may be simple in nature but the accused inflicted injuries on the vital part of the body of the injured. In these circumstances, the charge framed against the petitioner is perfectly justified and the revision filed by the petitioners may be dismissed.