BANNA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Aggrieved by the order of framing of charge dated 27.10.2010, passed by Additional Sessions Judge (Fast Track) Tonk, in Sessions Case No. 36/2010, the complainant as also the accused persons filed their respective petitions under Section 397 read with 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'). Briefly stated facts, relevant for the purpose of disposal of these petitions, are that FIR No. 315/2009 under Sections 143, 341 and 323 IPC was registered at Police Station Deoli (Tonk), on the basis of written report submitted by complainant Banna Lal, which reads as under:-

(2.) After usual investigation, the police filed charge-sheet against the petitioners before the concerned Magistrate for offences under Sections 147, 148, 341, 323, 325 and 308 read with 149 IPC. The case was committed to the Sessions Judge, Tonk, and was received by Additional Sessions Judge, by way of transfer. Learned Additional Sessions Judge, after hearing the charge arguments, read over the charges for offences under Sections 147, 148, 341, 323, 325 and 308 alternatively 325/ 149 and 308/ 149 IPC, which were denied by the accused persons and trial was claimed. It is this order of framing of charge, which has been assailed by the complainant, as also by the accused persons through their respective revision petitions.

(3.) The revisionist of revision petition No. 121/2011 is the complainant Banna Lal. The contention of learned counsel for the complainant was that there was sufficient evidence to prima facie proceed against the accused person for offence punishable under Section 307 IPC and that the learned trial Court has committed an error in framing charge under Section 308 and not under Section 307 IPC.