KUMARI NANU & ANR Vs. STATE OF RAJ

JUDGEMENT

(1.) This revision has been filed by injured/complainants Kumari Nanu and Kumari Bhadar against the order dated 18.2.2009 which was passed by the Addl. Sessions Judge, Ratangarh District Churu in Sessions Case No.5/2008-State v. Banshidhar etc. by which he has transferred the matter unde Section 228, Cr.P.C. for trial to the court of Addl. Chief Judicial Magistrate, Ratangarh by discharging accused-persons from the charge of Section 308 IPC and for trial of remaining charges. The case has been registered in the court of Addl. Chief Judicial Magistrate, Ratangarh as Criminal Regular Case No.199/2008.

(2.) I have heard arguments of both the parties. The petitioners have urged that injury report of Kumari Nanu depicts twenty injuries on her body out of which one injury on her right shoulder was found to be grievous while injury report of deceased Kumari Bhadar depicts seventeen injuries on her body, out of which two injuries, one on left little finger and another on left tiny finger were found to be grievous. All other injuries of both the injured persons are simple and blunt caused by blunt weapons and grievous injuries have also been said to be caused by blunt weapon. No injury is on the vital part of body and no fatal injury has been alleged to have been caused on any one of the injured. In these circumstances, Addl. Sessions Judge, Ratangarh, District Churu by his order dated 18.2.2009 has discharged all the seven accused-persons from the charge of Section 308 IPC and the case was transferred by him for trial for the charges under Sections 325, 323, 143 and 447 IPC to the concerned Magistrate.

(3.) The petitioners want that the impugned order of Addl. Sessions Judge, Ratangarh should be set aside and the case be ordered to be tried by himself on the charge of Section3 08 IPC as well.