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1994 DIGILAW 659 (RAJ)

Sarwan Kumar v. State of Rajasthan

1994-08-24

RAJENDRA SAXENA

body1994
JUDGMENT 1. - Heard. Perused challan papers as also injury report of Ganpat Ram and his X-ray report, who sustained a fracture of his frontal bone by a sharp edged weapon. The Doctor has opined that this injury might be dangerous, to his life if timely aid was not given to him. The contention of Shri Singhi is that with the evidence collected by the Investigating Officer, at the most, offence prima facie made out against the petitioner is under Section 308, IPC and not under Section 307 IPC. This case has not been committed before learned Sessions Judge and who is to consider all these contentions under Sections 227 and 228, Cr.P.C. At this stage, it will not be proper for this Court to comment as to what offence will be made out against the petitioner. 2. Injured Ganpat besides this injury, received 11 injuries, out of these 2 fractures were on the skull bones and 2 were on his legs. 3. Keeping in view all the facts and circumstances, I do not feel inclined to accept this application and hereby dismissed the same. However, petitioner shall be free to move fresh application after the charges are framed.Bail rejected. *******