JAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short, ``the Code'' hereinafter) is directed against the order dated 23. 2. 2005 passed by the Additional Sessions Judge (Fast Track), Parbatsar, district Nagaur (for short, ``the trial Court'' hereinafter), whereby the trial Court discharged the accused-respondents No. 2 to 7 for the offence under Section 307 IPC and directed to frame charges for the offences under Sections 147, 148, 149, 323, 324, 325 and 326 IPC and sent the matter to the Additional Chief Judicial Magistrate, Parbatsar under Section 228 of the Code. Aggrieved by the order impugned, to the extent of discharging the accused-respondents of the offence under Section 307 IPC, the complainant-petitioner has filed the instant revision petition.

(2.) I have heard learned counsel for the petitioner, Public Prosecutor for the State and the counsel for the accused- respondents. Carefully gone through the order impugned, as also the Challan papers, statements of witnesses, the injury reports of injured Kishore Singh, Bhagwan Singh, Narbahadur Singh, Daulat Singh and Jai Singh, as also the report of the Senior Medical Officer, Community Health Centre, Kuchaman City dated 28. 9. 2004.

(3.) INJURED Bhagwan Singh suffered (1) incised wound 8 cm x 1 cm x scalp deep on the right side of occipital region of scalp placed vertically; (2) incised wound 3 cm x 1/2 cm x scalp deep vertically on left side of occipital region of scalp; (3) incised wound 5 cm x 1 cm x muscle deep on thenor part of left hand (adjacent to left thumb); (4) Incised wound 6 cm x 4 cm x bone deep on front of left leg (bony fragments coming out through the wound; (5) incised wound 8 cm x 2 cm x bone deep placed horizontally on right scapular region; bleeding and fracture deformity felt by finger; (6) swelling on left scapular region; (7) swelling on right cheek; (8) abrasion 2 cm x linear on outer side of left ankle joint; (9) abrasion 4 cm x 1/4 cm below left scapular region; and (10) abrasion 8 cm x 1/4 cm on outer side of left arm vertically. Injuries No. 1 to 5 were opined to be caused by sharp-edged weapon and the remaining by blunt object. Injuries No. 4 and 5 were shown to be grievous in nature. As per the injury report, the condition of injured Bhagwan Singh, at the time of medical examination, was noticed to be semi-conscious.