PARVESH KUMAR & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties for final disposal at the admission stage. This revision petition under section 397 read with Sec. 401 Cr.RC. arises out of the order dated 9.12.1999 passed by the learned Additional Sessions Judge No. 3, Alwar, by which the learned trial judge has framed charges under Sec. 307, 323 and 323/34 Penal Code against accused petitioner Pravesh Kumar and under Sections 307/34 and 323/34 against petitioners Rajendra Kumar and Raj Kumar.

(2.) The only contention raised by Mr. Amit Shekhawat, learned counsel for the petitioner is that the trial court was not at all justified in framing charge under Sections 307 Penal Code against the petitioners as none of the injuries found on the persons of injured was found to be grievous in nature and the injuries were not sufficient in the ordinary course of nature to cause death so as to attract Sec. 307 Indian Penal Code According to the learned counsel, the injuries sustained by the injured persons are simple in nature. In these circumstances, learned counsel argued that the petitioners had no intention to commit murder.

(3.) Learned counsel for the petitioner further argued that the trial court has committed a serious error in framing the charges inasmuch as in the facts and circumstances of the case and from the evidence and material collected during investigation and placed before the trial court, there was nothing so as to enable it to frame charges against the petitioner and therefore, the impugned order framing charges against the petitioners is liable to be set aside.