ANGREJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal revision petition has been filed by the petitioners against the order dtd. 20/2/2023 passed by learned Additional Sessions Judge, Srikaranpur, District Sriganganagar in Sessions Case No. 14/2019 by which the trial court framed the charges against the petitioners for offence under Ss. 307, 326, 323, 341, 324, 336, 427, 147, 148 and 149 IPC.

(2.) Brief facts of the case are that the complainant respondent Daljeet Singh gave a parcha bayan to the effect and when he and his cousin brother Kulveer Singh were going to the field, in the mid way, the present accused persons stopped them and launched an attack causing grievous injuries. After usual investigation, the police filed challan against the accused petitioners before the competent court and thereafter, the case was transferred to the court of Additional Sessions Judge, Srikaranpur and after arguments on charge, charges were framed against the petitioners for aforesaid offences.

(3.) Counsel for the petitioners submits that no offence under Sec. 307 IPC is made out against the petitioners as none of the injuries are on vital parts of the body of injured therefore, it cannot be said that the accused had intention to cause death. The finding of the police will show that there are cross cases between the parties and both the parties received injuries. From the evidence it appears that it was the complainant party which was the aggressor and caused injuries to petitioners in the first instance followed by free fight. Thus, the offence under Sec. 307 IPC is not at all made out against the petitioners.