Sandeep Mehta, J. - (1.) By way of this revision the petitioner Nema Ram Patel has approached this Court for challenging the order dated 05.07.2017 passed by the learned Additional Sessions Judge No. 5, Jodhpur Metro in Sessions Case No. 30/2017 whereby, charges were framed against accused petitioner and co-accused Ashish and Nitesh for the offences under Sections 323, 324 & 307/34 IPC and in the alternative for the offence under Section 308/34 IPC.
(2.) Facts in brief are that parcha bayan of one Raju Patel was recorded by Sub Inspector of P.S. Pratap Nagar, Jodhpur at MDM Hospital, Jodhpur on 06.03.2016 at 9:30 PM. The injured stated that he and Rahul Harijan had gone to Preksha Hospital for getting treatment of Rahul's injuries at about 4:00 PM where the complainant's brother-in-law Vishnu and Ravi Sharma met them. They proceeded to Maharaj Hotel for taking tea. At that time, a grey coloured Innova car bearing registration no. RJ-19-UB-1818 came there. The words 'Zila Pramukh, Shiv Sena' were inscribed on the vehicle. Accused Nema Ram Patel, Vijay Vyas, Nitesh, Jitesh and 3 other unknown persons got down from the vehicle. Nema Ram who was having a sword inflicted a blow on the head of the complainant Raju Patel. Vijay Vyas inflicted a baseball bat blow on the back of the injured whereupon he fell on spot. After he had fallen down, Jitendra gave a blow on the back of the injured's head by a baseball bat. Rahul intervened in the conflict and tried to save the injured on which Nema Ram threatened him. The complainant stated that he had given loan to Nema Ram about 3 months ago and the same was not being returned. When he raised a demand for repayment from Nema Ram, he was assaulted with an intention of killing. On basis of this parcha bayan, an FIR No. 111/2016 was registered at P.S. Pratap Nagar for the offences under Sections 307, 323 and 384/143 IPC and investigation commenced. The victim's injury report was prepared by the medical jurist at M.D.M. Hospital, Jodhpur as per which, he was found having an incised stitched wound measuring 3 cms. on the right side of the fore head. He was having a bruise measuring 12 cms. x 4 cms. on the left side of his upper arm and abrasion with swelling on the left hand. He also complained of pain on the occipital region with no signs of any external injury. Upon X-ray, no bony injury was noticed underneath any of the injuries suffered by the injured. Upon conclusion of investigation, the I.O. filed charge-sheet against the petitioner and 2 co-accused persons for the offences under Sections 323, 324 and 307/34 IPC and under Section 4/25 of the Arms Act against the petitioner. The case was committed to the Court of Sessions Judge, Jodhpur Metro from where it was transferred to Additional Sessions Judge No. 5, Jodhpur Metro for trial. The learned trial judge directed framing of charges against the accused persons in the above terms by order dated 05.07.2017 which is challenged in this revision petition.
(3.) Learned counsel Shri Bohra placed reliance on the following judgments - (1) Brahamanand vs. State of Rajasthan, 1970 RajLW 130 (2) Raju @ Rajendra Prasad vs. State of Rajasthan,1984 CrLR 151 (Raj.) (3) Ramesh Kumar @ Babla vs. State of Punjab, 2016 2 RCR(Cri) 849 (4) Naina Ram @ Noma & Ors. vs. State of Rajasthan,2016 3 CrLR 1149 (Raj.) and (5) Jai Singh Gurjar & Ors. vs. State of Rajasthan & Anr.,2017 2 CrLR 552 (Raj.);