PANWAR, J. - (1.) THIS criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short, ``the Code'' hereinafter) is directed against the order dated 23. 2. 2005 passed by the Additional Sessions Judge (Fast Track), Parbatsar, district Nagaur (for short, ``the trial Court'' hereinafter), whereby the trial Court discharged the accused-respondents No. 2 to 7 for the offence under Section 307 IPC and directed to frame charges for the offences under Sections 147, 148, 149, 323, 324, 325 and 326 IPC and sent the matter to the Additional Chief Judicial Magistrate, Parbatsar under Section 228 of the Code. Aggrieved by the order impugned, to the extent of discharging the accused-respondents of the offence under Section 307 IPC, the complainant-petitioner has filed the instant revision petition.
(2.) I have heard learned counsel for the petitioner, Public Prosecutor for the State and the counsel for the accused- respondents. Carefully gone through the order impugned, as also the Challan papers, statements of witnesses, the injury reports of injured Kishore Singh, Bhagwan Singh, Narbahadur Singh, Daulat Singh and Jai Singh, as also the report of the Senior Medical Officer, Community Health Centre, Kuchaman City dated 28. 9. 2004. It is contended by the learned counsel for the petitioner that injured Kishore Singh suffered as many as six injuries by sharp-edged weapon, i. e. incised wounds, many of which are on the skull and apart from these six incised wounds, there are other numerous injuries suffered by him. Injured Bhagwan Singh suffered as many as six injuries by sharp-edged weapon, i. e. incised wounds, may of which are on the skull and grave in nature. Injury No. 1 suffered by injured Kishore Singh was found to be dangerous to life as per the medical opinion. So also is the case of other injured persons, who suffered grave injuries on vital parts of their body, i. e. skull and, therefore, the trial Court fell in error in discharging the accused-respondents of the offence under Section 307 IPC on the ground that the injuries were not dangerous to life and, therefore, the impugned order of the trial Court is contrary to the record. Learned counsel for the opposite side has supported the order impugned. I have given my thoughtful consideration to the rival submissions made by the learned counsel for the parties. Injured Kishore Singh suffered (1) incised wound 16 cm x 8 cm x scalp deep on the left occipital, temporal portion of the scalp; (2) incised wound 8 cm x 1 cm x scalp deep vertically on left parietal part of scalp; (3) incised wound 7 cm x 1 cm x scalp deep vertically on right parietal region of scalp; (4) incised wound 12 cm x 1 cm x bone deep on the first wep space between thumb and index finger of left hand; (5) incised wound 3 cm x 1 cm x muscle deep vertically on extension surface of left writ in mid part; and (6) incised wound 2 cm x 1/2 cm x pinna deep on upper part of left ear. All these injuries, as per the injury report, were caused by sharp edged weapon and they were bleeding. The condition of injured Kishore Singh, at the time of medical examination, was shown as semi-conscious.
(3.) INJURED Bhagwan Singh suffered (1) incised wound 8 cm x 1 cm x scalp deep on the right side of occipital region of scalp placed vertically; (2) incised wound 3 cm x 1/2 cm x scalp deep vertically on left side of occipital region of scalp; (3) incised wound 5 cm x 1 cm x muscle deep on thenor part of left hand (adjacent to left thumb); (4) Incised wound 6 cm x 4 cm x bone deep on front of left leg (bony fragments coming out through the wound; (5) incised wound 8 cm x 2 cm x bone deep placed horizontally on right scapular region; bleeding and fracture deformity felt by finger; (6) swelling on left scapular region; (7) swelling on right cheek; (8) abrasion 2 cm x linear on outer side of left ankle joint; (9) abrasion 4 cm x 1/4 cm below left scapular region; and (10) abrasion 8 cm x 1/4 cm on outer side of left arm vertically. Injuries No. 1 to 5 were opined to be caused by sharp-edged weapon and the remaining by blunt object. Injuries No. 4 and 5 were shown to be grievous in nature. As per the injury report, the condition of injured Bhagwan Singh, at the time of medical examination, was noticed to be semi-conscious. Injured Narbahadur Singh suffered (1) lacerated wound 4 cm x 1 cm x scalp deep on right side of occipital region of scalp; simple by blunt; (2) incised wound 2 cm x 1/2 cm x muscle deep on extensor surface of right elbow joint, simple by sharp; (3) swelling surrounding right elbow joint with fracture deformity by blunt object, however, the nature of the injury has not been mentioned; (4) swelling on left elbow joint, bruise red in colour 4 cm x 4 cm by blunt object, however, the nature of the injury has not been mentioned; (5) abrasion-multiples 10 to 15 on left foot and 15 to 20 on right foot, simple by blunt; (6) bruise red in colour 6 cm x 3 cm on front left mid thigh; (7) abrasion 4 cm x 1/2 cm with bleeding; and (8) abrasion 2 cm x 2 cm on front and back of left arm. Injured Daulat Singh suffered (1) lacerated wound 4 cm x 1/2 cm x scalp deep placed vertically on right parietal region of scalp; (2) swelling on upper 1/3 part of extensor surface of right forearm, red bruise 4 cm x cm; (3) lacerated wound 1 cm x 1/2 cm x muscle deep on flexor surface of left mid forearm; and (4) swelling on extensor surface of left mid forearm, bruise red in colour 3 cm x 3 cm. ;