NAND LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the parties. The petitioners are alleged to have committed an offence under Section 307, IPC.

(2.) IT is contended by Shri Gupta, learned Counsel for the petitioner that there has been fight between both the parties in which persons from the accused party have also received grievous injuries. Smt. Kamla, mother of accused Nand Lal has received two injuries, out of which one is grievous. Similarly other persons from the accused side have also received injuries. It is submitted that even though Nand lal and Raju were armed with sword, but the only injury caused by Nand lal to Mohammed Yamin is incised wound, which is simple in nature. The petitioner Raju was also said to have been armed with sword, who is said to have caused two injuries to Mohammad Irfan, one of which is incised wound on little finger, which is said to be grievous. Other wound is on the left hand.

(3.) I have carefully considered the arguments advanced. In the circumstances. I am inclined to grant indulgence of the provisions of Sections 438, Cr.P.C. to the petitioners Nand lal and Raju.