MANOHAR 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 order dated 04.07.2019, passed by the learned Addl. Distt. Judge No.5, Jodhpur Metro, In Criminal Case No.51/2019 whereby the learned Judge has framed the charges against the petitioners for offences under Sections 323, 324, 325 & 307/34 of IPC.

(2.) Learned counsel for the petitioners submits that the complainant has mentioned in his FIR that the petitioners have beaten him with sword, baseball bat and iron rods but as per report submitted by the Medical Jurist, all the injuries implicated by the petitioners are not dangerous to life and learned trial Court without appreciating the report of medical jurist, framed the charges under Section 307 IPC. In these circumstances, charges framed against the petitioners for the offence under Section 307/34 IPC may be quashed and set aside. Learned counsel for the petitioners relying upon the judgment passed in S.B. Criminal Revision Petition No.411/2017 (Vinod Kumar & Ors. Vs. State & Anr.), decided on 25.01.2017.

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