DINESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal revision has been filed by the petitioners under Sec. 397/401 Cr.P.C against the order dtd. 20/9/2023 passed by learned Additional Session Judge No. 2, Raisinghnagar, District Sriganganagar in Sessions Case No. 2/2023 pertaining to FIR No. 129/2021 of Police Station Muklawa, District Sriganganagar whereby the learned Trial Court framed the charges against the petitioners for offence under Ss. 307/34, 323/34, 325/34, 447/34 and 341 of IPC.

(2.) Learned Counsel for the petitioner submits that there are cross cases between the parties and injured Subhash and Ramchander each received only two injuries in all. According to injury report of Ramchander, he received injury on his left knee which is non-vital part of his body and another one is simple in nature. As per injury report of Subhash, he received two injuries out of which, injury No. 1 is found to be grievous in nature that is on skull and temporal region. Counsel further argued that there was free fight between the parties and there was no repetition of blows, therefore, offence under Sec. 307 IPC is not made out. Counsel submitted that previously the doctor opined that none of the injuries were dangerous to life, later on, Doctor opined that injury No. 1 is dangerous to life, therefore, charge for offence under Sec. 307/34 of IPC may be set aside against the petitioners.

(3.) Per contra, learned Public Prosecutor has submitted that the injuries were received on the skull of one of the injured, which was found to be grievous in nature and dangerous to life. The learned Trial Court has considered each and every aspect of the matter and has rightly framed the charges which does not call for any interference.