HARSH DAN CHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant revision petition under Section 397 read with Section 401 Cr.P.C., accused-petitioner has assailed order dated 10.04.2018 passed by Additional District and Sessions Judge, Balotra, District Barmer (for short, 'learned trial Court') framing charges against him for offence punishable under Sections 323, 341, 325, 307 and 394/34 IPC.

(2.) The facts, apposite for the purpose of this revision petition, are that complainant Rajendra Kumar submitted a written report before SHO, Police Station Balotra on 02.02.2017, inter-alia, alleging therein that the accused-petitioner accompanied by Abhishek @ Bhamsa, Rajendra @ Raju, Ranidas and five others attacked Mahendra Kumar @ Pintu with common intention, well armed with lathies and iron rods etc. The FIR further unfurled that on account of serious beatings given to Mahendra Kumar, he has suffered grievous injury. On the basis of written report, FIR No. 37/2017 was registered and investigation commenced. Requisite medical report of the injured was also procured and statements of witnesses were recorded by the police. Upon completion of investigation, petitioner and three others were charge-sheeted for the aforesaid offences. Learned Magistrate, thereafter, committed the case to the Court of Sessions and presently trial is going on before the learned trial Court in Sessions Case No. 05/2018. Learned trial Court, after hearing arguments, by the impugned order, framed charges against petitioner and others for the aforesaid offences.

(3.) It is argued by learned counsel for the petitioner that learned trial Court has not at all cared to examine the materials available on record including injury report of the injured while framing charge under Section 307 IPC. It is also argued by learned counsel that as per medical report also, no grievous injury on vital part is suffered by the victim. It is also contended by learned counsel that although petitioner is assigned role of giving axe blow on the head of Mahendra @ Pintu by axe is attributed to the petitioner but there is no recovery of axe from him and only an iron pipe is recovered. Learned counsel further submits that the police statements of first informant Rajendra Kumar and injured Mahendra are at variance but this aspect has not been examined by learned trial Court while framing charge under Section 307 IPC.