JUDGEMENT
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(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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