BIHARI LAL Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) This criminal revision petition under Section 397/401 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 2.6.2018 passed by Additional Sessions Judge, Bhadra, District Hanumangarh (for short 'the trial court') in Sessions Case No.40/2017 whereby the trial court has discharged the petitioner from the offence punishable under Section 307 I.P.C., however, sent the matter to the Judicial Magistrate, Bhadra for framing of charge against the accused-respondents for the offences punishable under Sections 323, 341 and 336 I.P.C.

(2.) The petitioner being aggrieved with the discharge of the respondents from the offence punishable under Section 307 I.P.C. has filed this revision petition.

(3.) Learned counsel for the petitioner has submitted that sufficient evidence is available on record against the respondents for framing of charge against them for the offence punishable under Section 307 I.P.C., however, the trial court while taking into consideration the subsequent reports of two Medical Boards has discharged the accused-respondents from the offence punishable under Section 307 I.P.C. It is contended that even in the subsequent reports of Medical Boards, it has not been opined that the injury received by the petitioner was not dangerous to life. It is contended that on the other hand from perusal of reports of those Medical Boards, it is clear that the injury, which is dangerous to life, is outcome of one injury received by the petitioner on the left parieto occipital region. It is submitted that the second injury was not visible, but it cannot be said that the same has not been caused by the accused-respondents.