BODU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed against the order, dated, 15. 06. 1988, by which the learned Additional Sessions Judge, Neem-Ka-Thana has framed charges against the accused-non-petitioners for offences under sections 147, 148, 326,325 and 324/149 IPC, but refused to frame charge under section 307 IPC. The case was sent back to the Chief Judicial Magistrate to try the case according to law. The challan in the case was not put up under section 307 IPC, but looking to the collapse of lungs, the learned Magistrate had committed the case for offence under section 307 IPC also. However, this injury was not considered sufficient to cause death by the doctor who examined the injured, hence the learned Additional Sessions Judge proceeded under section 228 Cr. P. C.

(2.) THE learned counsel for the petitioner has contended that the injured Boduram was given beating on the head which has resulted in injuries and looking to the manner in which the dangerous weapon was used and 17 injuries were caused, the offence would fall under section 307 IPC. He has emphasised that the injuries of Boduram were sufficient in the ordinary course of nature to cause death, hence charge under section 307 IPC ought to have been framed.