BHARAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS miscellaneous petition is directed against the order dated March 3, 1990, passed by the Sessions Judge, Bhilwara, by which the learned Sessions Judge framed the charges under Sections 307 and 458, I. P. C. against the petitioner

(2.) BRIEFLY stated, the facts of the prosecution case are that the complainant Shambhu Singh lodged a First Information Report at Police Station, Mandore (district Bhilwara) on September 25, 1989, to the effect that in the morning of September 25, 1989, when he, along with his family members, was sleeping in his house, the accused came armed with a Lathi and knocked at the doors and after opening the door, inflicted injuries with Lathi and this Lathi was snatched by the son of the complainant. As the Lathi of the accused was snatched by the son of the complainant, he, therefore, went running to his house and came back with a gun. He tried to make fire but that gun was, also, snatched by the other persons who had collected there. Thereafter, again, the accused went to his house and brought a sword. When he came back to the house of the complainant with a sword, the complainant closed the doors of his house, The accused thereafter scaled the wall, came into the house and with an intention to kill the complainant, tried to inflict injuries by the sword on his head but as the complainant raised his hand, the four fingers were cut. The villagers surrounded the accused and snatched the sword from him. On the basis of this of this report, a case under Sections 457 and 32, I. P. C. was registered and the police, after necessary investigation, presented the challan against the accused under Sections 307,458 and 324, I. P. C. the learned Magistrate committed the accused to stand trial in the Court of the Sessions Judge, Bhilwara and the learned Sessions Judge, by his order dated March 3,1990, framed the charges under Sections 307, 324 and 458, I. P. C. against the accused-petitioner.

(3.) I have looked into the record of the case. The learned counsel for the petitioner has placed on record the complete challan papers this. The complaint in the is case , has received only three simple injuries, which are as under:- (1) Incised wound 2 Cm. x 0. 5 cm. x 0. 3 cm. on palmer aspect of left middle finger. (2) Incised wound 2. cm. x 0. 2 cm. x 0. 1 cm. on palmer aspect of left finger. (3) Incised wound 2 cm. x 0. 3. cm. x 0. 2 cm. on palmer aspect of left index finger. "