- (1.) THIS revision petition has been filed against the order dated 6.6.2012 passed by learned Addl. Sessions Judge Didwana District Nagaur whereby charges have been framed against the present petitioners for the offences under Sections 447, 323, 324, 325, 308/34, IPC.
(2.) THE short facts of the case are that the complainant- respondent no.2 filed a written complaint on 24.6.2011 at about 7.15 p.m. at Khunkhuna Police Station District Nagaur stating therein that his daughter Tulchi Devi got married with one Prahalad Ram Jat and her daughter along with grand- daughter is residing in Dhani. On 24.6.2011 at about 10.30 a.m. the accused persons entered in the Dhani, assaulted his daughter and grand-daughter and severely gave beating to his daughter. His daughter felt unconscious. Witnesses Purna Ram and Premi Devi intervened. On the basis of this complaint, FIR No. 66/2011 was registered. After detail investigation, charge- sheet has been filed against the present petitioner for the offences under Sections 447, 323, 325, 308/34 IPC. The matter was committed to the court of Addl. Sessions Judge, Didwana. After hearing the parties, the learned court below has framed the charges against the present petitioners, hence this revision. The contentions of the present petitioners are that no offence under Section 308 IPC is made out as all the injuries to the injured persons are of blunt weapon. None of the injuries is on vital part of the body. There was no intention of the present petitioner to kill the injured person. None of the injuries is grievous in nature and the case does not travel beyond the offences under Sections 324 and 325 IPC and the learned court below has not considered the facts in right perspective.
(3.) PER contra, the contention of the learned Public Prosecutor is that the learned court has considered the facts of the case rightly. Tulchi Devi has suffered 15 injuries and, at the same time, Sharda has suffered seven injuries and Pinki has suffered two injuries and the intention is clear that the present petitioners were having axes and lathis in their hands. The FIR itself suggests that Tulchi Devi has received a kulhari blow on her head. Severe beating has been given to Tulchi Devi. At the same time, beating has been given to Sharda and Pinki and to consider the case at the stage of framing charge, the intention of the parties, the nature of the injuries, the manner of the incident, the place of the body where the injury has been inflicted are also relevant factors and there is no infirmity in the impugned order.;