VIKASH GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as learned Public Prosecutor appearing on behalf of the respondent-State and perused the impugned order dated 16.04.2009 and all the relevant material placed on record.

(2.) THIS revision petition under Section 397(401) Cr.P.C. has been filed against the order dated 16.04.2009 passed by learned Additional Sessions Judge(Fast Track), Jhalawar(hereinafter referred to as 'the Trial Court') in Session Case No. 22/2009, whereby the Trial Court framed the charges against the accused-petitioner for offence under Section 324 or 324/34, 307 or 307/34 IPC and under Section 4/25 of the Arms Act.

(3.) LEARNED Public Prosecutor appearing on behalf of Respondent No. 1-State supported the impugned order and submitted that the same is just and proper. Section 307 IPC makes a distinction between an act of the accused-persons and its result. Such an act may not be attended by any result. So far as person assaulted is concerned, it is not necessary that the injury actually caused to the victim of the assault should be sufficient in ordinary circumstances to cause death of the person assaulted. What the Court is to see is whether the act, irrespective of its result, was done with the intention or knowledge and under circumstances mentioned in this section. The requisite intention may be detected from surrounding circumstances of the case. In the facts, circumstances and evidence available on record, intention of accused-petitioner is very much clear that he wanted to cause death of the injured because intention can be gathered from the number of injuries, from the nature of weapon used, from the part of body chosen by the accused-person for causing injuries, by the other circumstances in which offence was committed, relationship between the accused and injured person. So, learned Public Prosecutor submitted that there is no force in this revision petition and the same deserves to be dismissed.