DURGA SHANKER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant Revision Petition is preferred aggrieved from order dtd. 20/7/2023 in Sessions case No. 57/2022 passed by learned Additional Sessions Judge No. 1, Kekri, District Ajmer, Whereby charge under Ss. 341, 323, 324 & 304/34 IPC were framed against the petitioners.

(2.) Learned Counsel for the petitioners while relying upon judgment of this Court in cases of Brahmanand & Ors. Vs. The State of Rajasthan, AIR 1970 (Raj.) 2020, Shambhudayal and Ors. Vs. The State of Rajasthan and Anr., in S.B. Criminal Revision Petition No. 1035/2021 on 30/9/2022, Magha Ram Meghwal & Ors. Vs. State of Rajasthan, 2017(3) Cr.L.R. (Raj.) 1352 and Mohammad Salman @ Suka @ Kabootar Vs. State of Rajasthan & Anr. In S.B. Criminal Appeal No. 408/2023 on 8/5/2023 submitted that FIR was registered on 24/6/2022, which indicated that all of a sudden a fight erupted between two neighbors resulting in injuries on complainant-Bhag Chand. He further submitted that injured was medically examined on 24/6/2022, wherein injury No. 1 was allegedly caused by sharp weapon but on 30/6/2022, medical jurist specifically opined that this injury is simple in nature and not dangerous to life. He further submitted that even from the statement of witnesses, no charge under Sec. 307 IPC was established. He further referred the material on record to submit that learned Trial Court acted as a Post Office and framed the charge without application of mind.

(3.) Aforesaid contentions were opposed by learned Public Prosecutor and learned Counsel for respondent/complainant.