ANIL KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal revision under Section 397 nw 401 Cr.P.C. is directed against the order dated 21/11/2002 passed by the learned AddI. Sessions Judge (Fast Track) Behror in Sessions Case No. 16/2002 whereby charges for the offences u/ss 307, 325, 447 and 323 IPC have been framed against the petitioner and other accused persons.

(2.) Succinctly stated the relevant facts are that one Om Prakash made a written report at police station Shahjahanpur on 13/7/2000 to the effect that the petitioner alongwith other accused persons came in a tractor on their field to demolish the boundary mound. Kabul Singh, Balvant Singh and Mangtu Ram tried to make them understand that the bound mound was theirs. They started beating them as a result of which they sustained several injuries including grievous injuries. On the basis of the written report, an FIR being FIR No. 125/2000 was registered initially for the offences u/ss. 447, 323, 307 IPC and after necessary investigation chargesheet was filed. On the case being committed for trial, the learned court below after hearing the parties and on the basis of the materials available on record framed charges as indicated above and fixed the case for entire prosecution evidence on 6/2/2003, 7/2/2003, 10/2/2003 and 11/2/2003. The said order is under challenge in this revision.

(3.) It has been contended by the learned counsel for the petitioner that the medical board who subsequently examined the injured Balvant, opined that though injury No. 1 is grievous, it is not dangerous to life and cannot cause death in the ordinary course of nature, So no offence u/s 307 IPC can be said to be made out even primafade. He has, therefore, urged that the petitioner may be discharged from the offence u/s 307 IPC but no serious challenge has been made to the other charges.