ASHOK CHOUDHARY 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. 14/7/2023 passed by learned Additional District & Sessions Judge No. 6, Jodhpur whereby learned Judge framed the charges against the petitioner for offence under Ss. 341/34, 323/34, 324/34, 451/34 and 308/34 IPC.

(2.) Brief facts of the case are that complainant Bhanupratap Choudhary submitted a written report before the concerned Police Station to the effect that on 4/7/2021, the accused petitioners assaulted his parents Lalchand and Kaushalya using deadly weapon viz. Axe, dhariya & kesi. On the said report, the police registered FIR No. 95/2021 and started investigation. After investigation, police filed charge-sheet against the present petitioners before the competent Court and after arguments, charges were framed against the petitioners for aforesaid offence. Hence, this revision petition.

(3.) Learned Counsel for the petitioners confines his arguments solely to the charge framed for offence under Sec. 308/34 IPC. Counsel contends that in this case, total five Investigating Officer have investigated the matter and out of them, three Investigating Officer have not found sufficient evidence to establish the offence under Sec. 308 IPC against the petitioners. Furthermore, Counsel highlights that the injury reports indicated that the injured Kaushalya and Lal Chand sustained four and five simple injuries, respectively. Notably, the X-ray report reveals that no grievous injuries were sustained. Additionally, the attending physician has opined that injuries inflicted upon both the injured are not dangerous to life. Consequently, the offence under Sec. 308 IPC is not made out against the present petitioners. Counsel further submits that a counter-case has also been registered by the petitioners against the complainant party for causing injuries to petitioners No. 1 and 2. This case is characterized as a "free fight". Hence, the impugned order to the extent of framing charge under Sec. 308/34 IPC is per se illegal and deserves to be quashed and set aside.