GAJENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition under Section 397/401 Cr.P.C. has been filed by the petitioner against the orders dated 22.02.2021 & 23.02.2021, passed by the learned Addl. Sessions Judge Desuri, District Pali, in Criminal Case No.15/2016 whereby the learned Judge framed the charges against the petitioners for offences under Sections 452, 323 in the alternative 323/34, 325 in the alternative 325/34, 308 in the alternative 308/34 of IPC.

(2.) Learned counsel for the petitioners submit that none of the injured received by the injured are on any vital part of body and in this view of the matter, the act of the petitioners will not be prima facie covered by the provisions of Section 308 IPC so as to fasten criminal liability against them for attempting to commit culpable homicide of respondent No.2. Counsel further submits that as per the definition of Section 308 IPC, if any act is committed by any accused with an intention or knowledge that he by his act would cause death amounting to culpable homicide not amounting to murder whereas in the present case there is nothing on record which suggest that the petitioners or any of the petitioner caused any injury on any vital part of the body of any of the injured. In these circumstances, charges framed against the petitioners may be quashed and set aside.

(3.) Learned Public Prosecutor vehemently oppose the prayer made by the counsel for the petitioner.