DHARMENDRA CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the accused petitioner challenging the order dated 21.04.2009, whereby charges have been framed against him under Section 148, 341/149, 323/149, 325/149, 307 and 307/149 IPC and under the Arms Act.

(2.) The learned counsel for the petitioner has submitted that in this very matter, a cross case has been registered by the accused party and some persons on their side had also sustained injuries. Therefore, he has submitted that it is a case of free fight and for that reason, the charge framed against the petitioner for the offence, inter alia under Section 307 IPC, is erroneous. In support of his submission, he placed reliance on the case of Himmat Singh & Ors. vs. State of Rajasthan,2006 1 RCrD(Raj) 200.

(3.) On the other hand, the learned Public Prosecutor has supported the order of charge passed by the learned trial court, for the aforesaid offences. Further, he has submitted that at the stage of framing charge, the learned court is only to consider the matter on a general consideration of the material placed before it by the investigating police officer. Even a strong suspicion founded upon materials before the trial court which leads him to form a presumptive opinion as the existence of the factual ingredients constituting the offence alleged, may justify the framing of charge against the accused in respect of the commission of offence.