RAJESH KUMAR Vs. STATE OF RAJ
LAWS(RAJ)-2012-12-82
HIGH COURT OF RAJASTHAN
Decided on December 14,2012

RAJESH KUMAR Appellant
VERSUS
STATE OF RAJ Respondents

JUDGEMENT

- (1.) THIS revision petition has been filed against the judgment dated 5.6.2012 passed by the learned Addl.Sessions Judge, Raisinghnagar whereby the charges have been framed against the present petitioners for theoffences under Sections 307, 307/34, 324, 323 IPC.
(2.) THE short facts of the case are that Shrawan Kumar lodged an FIR No. 204/2010 at Police Station Raisinghnagar stating therein that the present petitioners armed with lathis and axes attacked on his brother Ramdaleep while he was sitting out side his house. Ravindra Kumar came there to intervene. He has also been beaten. Both the injured have been admitted in the hospital. After investigation, charge-sheet has been filed against the petitioners for the offences under Sections 307, 323, 324/34 IPC. After committal, the present petitioners have been charged as above. Hence this revision petition. The contention of the present petitioners is that the injury suffered by Ramdaleep is simple in nature and nothing is there to suggest that the intention of the petitioners was to kill the injured person. Hence they should be discharged from the offence under Section 307 IPC. Reliance has been placedon Mukesh & anr. v. State of Rajasthan (2009(2) Cr.L.R.(Raj.) 1699).
(3.) FURTHER contention of the petitioners is that cross FIR has also been lodged by the present petitioners in which charges under Sections 324, 341, 324 IPC have been made out against the complainant party and the learned court below has not considered this aspect of the matter.;


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