MAHESH KUMAR Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) In this revision petition, filed by the complainant, it is prayed that order dated 1.9.2008 passed by the Addl. Sessions Judge (Fast Track) No. 1, Bikaner in Sessions Case No. 54/2008 may be quashed to the extent of discharging the accused non-petitioners from offence under Sections 307 and 450, I.P.C.

(2.) Learned counsel for the petitioners submits that upon complaint filed by the petitioner at Police Station Gangashahar. After through investigation, the police filed charge-sheet for offences under Sections 147, 148, 323, 427, 325, 450 and 307, I.P.C. against the accused persons before the Magistrate; and, thereafter, the matter was committed to the trial Court but the learned Addl. Sessions Judge (Fast Track) No. 1, Bikaner after hearing arguments upon framing charge discharged the accused non-petitioners from offences under Sections 307 and 450, I.P.C. and while framing charge for offences under Sections 147, 148, 427, 452, 323, 325, and 325/149, I.P.C. remanded the case to the Court of Chief Judl. Magistrate, Bikaner in exercise of power under Sec. 228 (1) (a), Crimial P.C.

(3.) Learned counsel for the petitioner submits that order impugned is totally contrary to the facts on record. The Investigating Officer after through investigation found that offences under Sec. 307 and other section of the Indian Penal Code are made out and, as per the medical report, the petitioner received serious injury upon the mid-parietal region with clotted blood and injury was inflicted upon vital part of the body and this injury itself is sufficient to frame charge for offence under Sec. 307, I.P.C. but, ignoring the facts narrated in the investigation by the prosecution witnesses the trial Court discharged the non-petitioners from offences under Sections 307 and 450, I.P.C. which is totally erroneous.