SAMANE KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant Criminal Revision Petition has been filed by the accused petitioners challenging the legality, correctness and propriety of the order dtd. 23/11/2022 passed by the learned Additional Sessions Judge No.1, Barmer in Sessions Case No.142/2022, whereby the learned trial Court has directed framing of charges against the petitioners for the offence under Ss. 147, 148, 341, 323, 325, 427 and 307 r.w. Sec. 149 of the IPC.

(2.) Bereft of elaborated details, the brief facts which are necessary for the disposal of the instant revision petition are that on 1/7/2022, at the instance of the complainant Roje Khan an FIR No.150/2022 was lodged at the police station Shiv, District Barmer alleging therein that on the day of incident, in the morning at 6:00 a.m. when he went to drop his brothers Fatan Khan and Ishan Khan at the Sarhad Gunga bus stand, an assault was made over them by the accused persons who were there in a lurking position. As per the FIR, the petitioners, who were eight in numbers, were yielded with iron rod and ropes. They brutally beaten his brothers Fatan Khan and Ishan Khan and broke down the wind screen of the taxi. The victims were evacuated to Shiv Hospital wherefrom they were referred to Govt. Hospital, Barmer. It was alleged that the said assault was made by the accusedpetitioners with an intent to kill his brothers. The accused persons were arrested and after usual investigation, charge sheet came to be submitted against them for the offences mentioned above in the court concerned. After taking cognizance of the offences enumerated, the matter was committed to the Court of learned Additional Sessions Judge No.1, Barmer (hereinafter referred to as 'the learned trial Court') for further proceedings. Vide impugned order dtd. 23/11/2022, the learned trial Court directed to frame charges against the petitioners under Ss. 147, 148, 341, 323, 325, 427, 307 r.w. Sec. 149 of the IPC. The said order is under assail before this Court by way of filing the instant revision petition.

(3.) Shri Siddharth Karwarsara, learned counsel appearing for the petitioners would submit that neither the circumstances of the case nor the injuries allegedly sustained by the victims bring the matter within the ambit and scope of Sec. 307 of the IPC and yet framing of the charge for the above offence was not in accordance of law, therefore, the same deserves to be quashed and set aside.