AMIT @ TIMMI AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition is directed against the order dated 10.11.2006 passed by Additional Sessions Judge (Fast Track) No. 1, Alwar in sessions case No. 108/2006 (127/2006) whereby charges have been framed against the petitioners under Sections 148, 341, 307 and in the alternative Sec. 307 read with Sections 149, 325 and in the alternative Sec. 325 read with Sections 149, 323 and in the alternative Sec. 323 read with Sec. 149 I.P.C.

(2.) Heard learned counsel for the petitioners, learned Public Prosecutor, learned counsel appearing for the complainant and perused the material available on the record.

(3.) The only grievance of learned counsel for the petitioners is regarding the framing of charge under Sec. 307 and in the alternative Sec. 307 read with Sec. 149 I.P.C. He has contended that it is doubtful that the injured Avdhesh suffered any fracture on his left temporal bone and that the other grievous injury is a fracture on left zygomatic bone and since the injuries are not sufficient to cause death and not even dangerous to life, therefore, the charge under Sec. 307 and in the alternative under Sec. 307 read with Sec. 149 I.P.C. cannot be sustained. He has placed reliance on 2007 Criminal Law Report (SC) 174, 580, 629.