MANGILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present revision petition under Sec. 397/401 Cr.P.C. has been filed by the petitioner against the order dtd. 27/7/2022 passed by learned Additional Sessions Judge, Ladnun, District Nagaur whereby learned Judge framed the charge against the petitioner for offence under Ss. 308, 447, 323, 504 IPC.

(2.) Learned counsel for the petitioner submits that according to the injury report of injured Sita Devi, she received two injuries and both the injuries were found to be simple in nature. Counsel submits that a specific query was made by the Investigating Officer to the concerned Doctor whether the injuries caused to Sita Devi were dangerous to life or not. In response to the said query, the Doctor opined that both the injuries were simple in nature and not dangerous to life. Thus, the offence under Sec. 308 IPC is not at all made out against the petitioner. Counsel further submits that in the FIR, the complainant-injured levelled allegation of offence under Sec. 376/511 IPC against the petitioner but during investigation, the Police did not find the said offence to be proved against the petitioner. Counsel submits that the learned trial court while passing the impugned order of framing charge has ignored the aforesaid aspects of the matter. Thus, the learned trial court has committed error in framing the charge for offence under Sec. 308 IPC against the petitioner.

(3.) Per contra, learned Public Prosecutor has submitted that the point raised by the counsel for the petitioner shall be considered by the trial court during the trial. Thus, the order impugned is just and proper and does not warrant any interference from this Court.