SHASHI KANT SHARMA, J. - (1.) THIS revision is directed against the order dated 15.2.2001 passed by Judl. Magistrate, 1st Class, Chomu, district Jaipur, framing charge against the petitioners for the offence under Section 326 I.P.C.
(2.) HEARD counsel for the petitioner, learned Public Prosecutor and gone through the record. Counsel for the petitioners contends that in this matter complainant Madan Lal had lodged a written report before the Police Station, Govindgarh, district Jaipur, alleging that accused persons have inflicted injuries to Ramchandra by blunt weapons. On this F.I.R., a case was registered by Police for the offence under Sections 341 and 323 I.P.C. and after investigation challan was filed against both the accused petitioners for the offence under Sections 341 and 323 I.P.C. It is contended that in the matter challan was filed for the offence under Sections 341 and 323 I.P.C. but the Lower Court has wrongly framed the charge against these petitioners for the offences under Section 326 I.P.C. Therefore, the impugned order is absolutely illegal and deserves to be set - aside.
(3.) IT is further contended that injured Ramchandra in his statement recorded under Section 161 Cr.P.C. stated that he was inflicted injuries by stick. He was examined by doctor and it was found that injuries were caused by blunt weapon. It is urged that in the impugned order, Lower Court has no where mentioned how does it find an offence under Section 326 I.P.C. against these accused persons. The accused persons can be charged for the offence under Section 326 I.P.C. only when grievous injury is caused by any weapon or means enumerated in Section 324 I.P.C. It is contended that according to the prosecution, injury to the injured is caused by blunt weapon and also a simple hurt, therefore, at the most, the accused persons could be charged only for the offence under Section 323 I.P.C.;