Gopal Krishan Vyas, J. - (1.) IN this criminal revision petition filed under Section 397/401, Code of Criminal Procedure, the Petitioners are challenging order dated 16.02.2009 passed by Addl. District & Sessions Judge (Fast Track), Balotra in Sessions Case No. 21/2008 (38/2008), whereby, the trial Court framed charges against the accused Petitioners under Section 307, read with Section 149, I.P.C.
(2.) IN this revision petition, the main argument of learned Counsel for the Petitioners is that No. offence under Section 307, I.P.C. is made out but the learned trial Court grossly erred in framing charge for offence under Section 307, read with Section 149, I.P.C. Learned Counsel for the Petitioners vehemently argued that nature of injuries were to be taken into consideration for the purpose of framing the charge but the learned trial Court completely ignored the nature of injuries received by Deva Ram s/o Bhagwana Ram, Kishna Ram s/o Virdha Ram, which were on non -vital parts of the body and all the injuries received by the above two persons are on legs and hands and caused by blunt weapon. Further, as per the doctors, it cannot be said that these injuries were dangerous to life in any manner, therefore, it is prayed that order of framing charge may be quashed. Learned Counsel for the Petitioners relied upon judgment of this Court in the case of Virendra Singh and Anr. v. State of Rajasthan and Anr., reported in, 2008 (1) RJT 386.
(3.) PER contra, learned Public Prosecutor as well as learned Counsel for the complainant submit that in the revision petition the Petitioners intelligently did not disclose the fact that in all five persons received injuries and while referring only to the injuries of Deva Ram and Kishna Ram obtained stay from this Court upon the further proceedings. It is also pointed out that in all five persons were injured in the incident, viz., Deva Ram, Kishna Ram, Goga Ram, Sanwata Ram and Smt. Soni Devi and, as per the injury report Kishna Ram received 5 injuries, Deva Ram received 4 injuries, Goga Ram received 4 injuries out of which one injury was upon the right parietal region of his head and Sanwata Ram and Smt. Soni received 5 injuries each. It is further submitted that Deva Ram and Kishna Ram also received injuries of fracture, therefore, for the purpose of framing charge only injuries are not to be taken into consideration but other facts are also required to be taken into consideration for the purpose of framing charge.;