RAJENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AGGRIEVED by the order dated 01.03.2011 passed by the Additional Sessions Judge (Fast Track) No.1, Beawar, District Ajmer, whereby the learned Judge has framed the charges for offences under Sections 148, 323, 325, 326, 307 read with Section 149 IPC and 4/25 Arms Act, the petitioner has approached this Court.

(2.) THE learned counsel for the petitioner has contended that according to the prosecution the injured, Bhikam Chand, had received merely six injuries out of which only two injuries, namely injuries Nos. 1 & 2 are said to be grievous in nature. Both the injuries, caused by the sharp-edged weapon, are on the non-vital part of the body. However, as they are not on the vital parts of the body, there is no possibility of death being caused in the ordinary nature of course. Thus, the charge for offence under Section 307 IPC is unsustainable. In order to buttress this contention, the learned counsel has relied upon the cases of Man Mohan & Ors. V/s. State of Rajasthan [2006 (2) Cr.L.R. (Raj.) 1408] Rajkumar Bohra & Anr. V/s. State of Rajasthan [2011 (1) Cr.L.R. (Raj.) 132].

(3.) BY way of abandoned caution, it is stated that any observation made by this Court should not adversely affect the decision of the learned trial Court. The learned trial Court is duty bound to consider the evidence objectively and strictly in accordance with law.