JAL SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties at length. The petitioners have come up to this Court by way of instant revision petition against the order dated 7.5.97 passed by Spcial Judge, Dacoity Affected Area, Karauli in Sessions Case No. 32/96 whereby, the said Court directed the framing of charge against the petitioners for the offence under Sec. 341, 307, 326, 324 and 379 IPC. The grievance of the petitioners is that the trial court has greviously erred in framing the charge against the accused-petitioners with regard to the aforesaid offences particularly, when from the nature of injuries suffered by the injured/complainant, it is not apparent that the injuries were sufficient in the ordinary course of nature to cause death and the injuries were on the non-vital part of the body.

(2.) The learned Public Prosecutor for the State and the learned counsel for the complainant have stated that from the perusal of Injury Report, FIR and the opinion of the Medical Jurist, it is apparent that the petitioners had the obvious intention of causing death of the deceased.

(3.) I have examined the Injury Report prepared by the Medial Jurist as well as the FIR and I am of the view that at the stage of framing of charge the trial Court should have confined itself only to the basic question as to whether there is any prima-facie case for proceeding against the accused on the basis of the material on the record i.e., (a) Medico Legal Report, (b) X-ray of the injured and (c) Corroborative evidence of the injury report with the corresponding FIR.