Mr. Vijay Kumar Vyas, J. - (1.) The revision petition has been preferred against the order dated 28.06.2016 passed by the Additional District & Sessions Judge No. 10 Jaipur Metropolitan, Jaipur in Sessions Case No. 43/2016 (5/2016) whereby he directed to frame charges against the petitioners for offence under Sections 147, 148, 149, 323, 341 and 307 IPC.
(2.) Heard the rival contentions and perused all the material available on record.
(3.) As per narration available in First Information Report and statement recorded under Section 161 Cr. P. C. of victim Jagdish Narain, about 48 persons intercepted him, while he was proceeding on a motor-cycle, gave blow with stick, axe, lathies and rods and he was left after breaking his limbs. They gave beating on his head also but he saved the same with his hands. As per injury report of Jagdish Narain, he received 9 injuries on his body. All the injuries have been inflicted on hands and legs. X-ray of the skull was conducted but no bony injury was found. On x-ray, fracture of eighth rib was found at the right side of chest and operation was also conducted. There is no medical evidence that injuries narrated by the victim were sufficient in natural course to cause his death. None of the injuries has been found on a vital part of the body. As per ocular evidence, the intention of the assailants was just to break limbs of the victim and leave him. In such a situation, I do not find any evidence so as to prima-facie constitute a charge of offences under Section 307 IPC against the petitioners.;