MUKESH @ DEV & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision is directed against the order dated 15.12.2015 passed by the learned Additional Sessions Judge, Sojat in Sessions Cas No. 21/2015 whereby, the learned trial Judge directed framing of charge against the petitioners for the offences under Sections 341, 323, 308 and 120B I.P.C.

(2.) Learned counsel for the petitioners contends that as per the admit allegations of the prosecution, the accused before assaulting the injure persons exhorted that they will break the legs of the opponents. Drawing attention of the Court towards the injury reports of the injured Bhanwar Lal, he contends that totally superficial injuries were found on the body of the injure when medical examination was conducted. The Medical Officer referred the injured for X-ray. As per the X-ray report, no bony injury was found on the body of the injured. Learned counsel thus submits that the trial Court committed grave illegality in directing framing of charge against the petitioners for the offence under Section 308 I.P.C.

(3.) Learned Public Prosecutor and learned counsel for the complainant vehemently oppose the submissions advanced by the learned counsel for the petitioners.