BHALLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Revision petition No. 657/2023 has been filed by the petitioner against the order dtd. 15/5/2023 passed by learned Additional Sessions Judge, Pali in Sessions Case No. 32/23 whereby, the learned court below framed charges against the petitioners for offence under Ss. 332, 336, 353, 307/34 IPC and Sec. 50C/177, 100(2)/177 of Central Motor Vehicles Act. Revision Petition No. 658/2023 has been filed by the petitioner against the order dtd. 15/5/2023 passed by learned Additional Sessions Judge, Pali in Sessions Case No. 32/23 whereby, the learned court below framed charges against the petitioners for offence under Ss. 332, 336, 353, 307/34 IPC and Sec. 50C/177, 100(2)/177 of Central Motor Vehicles Act. Brief facts of the case are that complainant Sharwan Singh filed a written report before the SHO, Police Station, Transport Nagar, Pali stating therein that on 4/8/2022, he received an information from Police Control room to stop a Bolero Camper vehicle being driven at a high speed. Accordingly, a police barricade was laid and the driver of the vehicle was signalled to stop, but the driver with an intention to kill the team members, tried to run over and hit the barricade.

(2.) On this report, the police registered a case and started investigation. After due investigation, the police filed challan against the present petitioners. Thereafter, the case was committed for trial in the court of Additional Sessions Judge No.2, Nagaur where the learned trial court framed the charges against the present petitioner for the offence mentioned above. Learned counsel for the petitioner argued that no offence under Sec. 307 IPC is made out against the petitioner as the complainant did not receive any grievous injury on any vital parts.

(3.) As per the statement of the complainant, an attempt was made by the petitioner but no serious injury was received by the complainant. It is argued that petitioner Ashok Kumar was driving the vehicle and other co-accused were sitting besides him in the vehicle. As per injury reports of the injured, only pain has been mentioned in the body of injured, therefore, the trial court has committed an error in framing charge for offence under Sec. 307 IPC.