NAGARMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petitioner has been filed under Section 397 read with Section 401 of Cr.P.C. praying that the order dated 8.5.2013 passed by the Additional Sessions Judge, Neem Ka Thana District Sikar whereby he had drawn and formulated the charge for the offence under Section 307 I.P.C. be set aside.

(2.) Mr. Annop Dhand appearing for the petitioners has submitted that the occurrence in the present case was a sudden affair without any pre-mediation on the part of the accused.

(3.) It is further contended that in the occurrence Smt. Koyali Devi and Kesri were injured. Smt. Koyali has suffered,.six injuries by a blunt weapon i.e. Lacerated wounds, abrasions, swelling and bruises on her fore arm, right eye, right leg, left wall of abdomen and on right shoulder and left parital occipital region. The other injured Smt. Kesari had sustained three injuries i.e. Bruise and complaint of pain on abdomen and skull. It is contended that the injuries suffered by Smt Koyali Devi are not of such a nature, to attract formation of charge for the offence under Section 307 I.P.C.