SUBHAN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter comes up for consideration of stay petition. However, with consent of the learned counsel for the parties, the revision petition itself has been heard finally.

(2.) The brief facts of the case are that on 8.10.96 one Subhan Khan submitted a written report to the S.H.O., Police Station Kalandri to the effect that on that date when he was returning after easing himself, the accused persons way laid, and on seeing him gave an indiscriminate beating to him, as a result of which, he received injuries, he raised a cry, which attracted his wife Hafija, who was also given beating. It was also alleged that the beating was given with a view to kill him. Other various allegations were also made in the FIR. The Police after investigation submitted a charge sheet for the offence under Sections 147, 148, 341, 323, 325, 327 and 149 IPC. The learned Magistrate committed the case to the court of Sessions. The learned Sessions Judge after hearing the parties on the question of charge vide order impugned, came to the conclusion that from the perusal of the injury report of the victim, it does not appear that any of the injuries of the victim was dangerous to life, nor any injury was received on any vital part of the body. Inter alia in the backdrop of these observations, the learned Sessions Judge came to the conclusion that prima-facie, offence under Sec. 307 Penal Code does not appear to have been made out. However, he was of the view that the offences under Sections 147, 323, 325 and 149, Prima-facie appear to have been made out. Consequently, he transferred the matter to the Court of Chief Judicial Magistrate to try the case, and directed the accused persons to appear before the Chief Judicial Magistrate on 8.11.2000.

(3.) The complainant has filed this present revision seeking to challenge this order, contending that this order, is based on misreading of record, inasmuch as, according to the X-ray report dated 18.10.96, it is clear that the petitioner had sustained fractures of 6th, 7th & 8th left side ribs, and in the injury report dated 8.10.96 also a corresponding external injury is shown, and thus prima facie offence under Sec. 307 is made out, and the impugned order is liable to be set aside.