KANHAIYA LAL Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) Heard the learned counsel for the accused-petitioner as well as learned Public Prosecutor for the State.

(2.) This revision petition under sec.397/401 CrPC has been filed by the complainant-petitioner against the order dated 25 th January 2012 passed by learned Additional Sessions Judge (FT) No.1, Jodhpur Metropolitan in Sessions Case No.178/2011 whereby learned Sessions Judge framed charges against the respondents No.2 to 5 for offences punishable under sec.323, 324, 326, 341 read with 34 IPC and against respondent No.4- Vinay, in addition for offence punishable under sec.4/25 of the Arms Act also but held that no prima facie case is made out for framing charge of offence punishable under sec.307/34 IPC. Aggrieved by not framing charge under sec.307/34 IPC against the accused- respondents, the complainant has preferred present Revision Petition before this Court.

(3.) Briefly stating the background facts are that on the complainant lodged a report on 17.4.2011 against accusedrespondents, inter alia, alleging that accused-respondents made fatal assault on him, accused-respondent Vinay inflicted sword blow upon him and which cut fingers on his left hand while defending the blow; Tulsi Ram hit him from behind with iron-pipe, causing him bleeding in the head. All accused persons assaulted him with common intention to kill. Upon this report, FIR No.182/2011 was registered at Police Station, Pratapnagar, Jodhpur.