ABDUL BEG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated January 10, 1992, passed by the Additional Sessions Judge No. 2, Udaipur (Camp Salumber), by which the learned Additional Sessions Judge refused to frame the charges against the accused under Section 307 I. P. C.

(2.) ON May 7, 1991, Abdul Beg Mirza lodged an F. I. R. at Police Station, Sarda, against one Abdul Rashid. It was stated in the report that in the morning, at about 8. 30 a. m. , Abdul Rashid and Abdul Rajak threatened him that he will be killed. When after lodging the report at the Police Station he was going to give evidence, Abdul Rashid came armed with a sword and in order to kill him, he inflicted three injuries on him by the sword. Abdul Rashid, also, inflicted injury to Bashir Mohammed- ON the basis of this report, a case under Section 307 I. P. C. was registered and the police, after necessary investigation, presented the challan against accused Abdul Rashid for the offences under Sections 307, 326 and 323 I. P. C. and Section 4/25 of the Indian Arms Act. The learned Magistrate committed the accused to stand trial before the learned Additional Sessions Judge, Udaipur (Camp Salumber ). The learned Additional Sessions Judge, after hearing the parties, refused to frame the charges against the accused for the offence under Section 307 I. P. C. but framed the charges only under Sections 324 and 326 I. P. C. and Section 4/25 of the Indian Arms Act and sent the case back to the learned Chief Judicial Magistrate, Udaipur, for trial. It is against this order that the petitioner-complainant has preferred this revision petition.