DEEPA RAM Vs. STATE

JUDGEMENT

(1.) Instant criminal revision petition has been filed by the petitioners against the order dated 06.03.2020 passed by learned Additional Sessions Judge No.2, Nagaur in Sessions Case No. 118/2015 by which the trial court framed the charges against the petitioners for offences under Section 307 in the alternate Section 307/149 IPC.

(2.) Brief facts of the case are that the complainant respondent Magha Ram submitted a written report at P.S. Sri Balaji, District Nagaur to the effect that on 01.08.2013 at about 4:45 PM when he alongwith Jora Ram and elder brother Chuna Ram was going to their house. When they reached near Janduon ki Dhani, accused persons stopped their way and attacked them with axe, iron rods, pipes etc resulting into grievous injuries.

(3.) After usual investigation, the police filed challan against the accused petitioners before the competent court and thereafter, the case was transferred to the court of Additional Sessions Judge No.2, Nagaur and after arguments on charge, charges were framed against the petitioners for aforesaid offences Counsel for the petitioners submits that no offence under Section 307 IPC is made out against the petitioners as only four injuries are grievous in nature but none of the injuries are on vital parts of the body therefore, it cannot be said that the accused had intention to cause death. Thus, the offence under Section 307 IPC is not at all made out against the petitioners. He relied upon the judgment of Hon'ble Supreme Court in the case of Champa lal Dhakar v. Naval Singh Rajput and Ors reported in (2019) 4 SCC 146. Per contra, learned Public Prosecutor argued that the trial court after considering the injuries as well as statements of other witnesses rightly framed charges against the petitioners and therefore, the order impugned does not call for any interference.