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2005 DIGILAW 1225 (RAJ)

Bhanwari v. State of Rajasthan

2005-04-26

H.R.PANWAR

body2005
Judgment H.R. Panwar, J.-This criminal revision under Sections 397 and 401, CrPC, is directed against the order dated 22.01.2005 passed by Additional Sessions Judge (Fast Track) No. 2, Bikaner (for short the trial Court hereinafter) in Sessions Case No. 116/2004 whereby the trial Court discharged accused-respondent No. 2 Champa Lal from the offence under Section 307, IPC and sent the matter to the Chief Judicial Magistrate, Bikaner to proceed with the trial of the case for the offences under Sections 447, 341, 323, 324, 325/34, IPC. Aggrieved by the order impugned only to the extent of discharging respondent No. 2 Champa Lal from the offence under Section 307, IPC, the petitioner-complainant has filed the instant revision petition. 2. I have heard learned Counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned. I have carefully gone through the challan papers. 3. On the basis of "Parcha Bayan" of the petitioner-complainant, first information report No. 370 dated 22.08.2004 came to be registered with the Police Station, Nokha. After investigation, police filed the challan against respondent No. 2 and co-accused Shanker Nath under Section 299, CrPC. In the "Parcha Bayan", the petitioner-complainant has stated that respondent No. 2 and two others viz. Shanker Nath and Hemanths wife came armed with "Sela" and "Barchhies" and inflicted injuries. She suffered following injuries in the said occurrence; "Lacerated wound 3 x 1 cm x bone deep on ® Leg 1/3 Ant.-opinion after x-ray report-blunt. 2 Lacerated wound each 2x1 cm. skin deep on ® Leg Middle 1/3 ant. - opinion after x-ray report - blunt. 2 stab wound each 1.5 x 1 cm x 1.5 cm. Deep on ® Leg Upper 1/3 ant.- opinion after x-ray report -pointed. Bruise 5 x 2 cm. on right knee-simple-blunt Abrasion 5 x 1 cm. on ® forearm-simple-blunt Lacerated wound 2 x 2 x 1 cm. on (L) side face-opinion after x-ray report-blunt. Incised wound 6 x 2 cm. x skin deep on ® Parietal Occipital region-opinion after x-ray report-sharp. Bruise 15 x 5 cm. on (L) Glutial region-simple-blunt." 4. On being examined by the Medical Jurist, the Medical Jurist suggested the x-ray of lower part of right leg and the skull. The X-ray report of the skull shows that no bony injury is seen. x skin deep on ® Parietal Occipital region-opinion after x-ray report-sharp. Bruise 15 x 5 cm. on (L) Glutial region-simple-blunt." 4. On being examined by the Medical Jurist, the Medical Jurist suggested the x-ray of lower part of right leg and the skull. The X-ray report of the skull shows that no bony injury is seen. However, there was a fracture of lower part of the leg caused by blunt object, rest of the injuries are simple in nature. The trial Court considering the material placed before, it by the investigating agency, came to the conclusion that there is no ground to presume that accused had any intention to cause death of the petitioner-complainant. From perusal of the challan papers, it no where appears that respondent No. 2 and co-accused had any intention or knowledge that if by their act, the death is caused, they will be held guilty of murder. In the circumstances, therefore, the trial Court was justified in discharging the accused-respondent No. 2 for the offence under Section 307, IPC. I find no error, illegality or perversity in the order impugned. 5. The revision petition fails and is dismissed accordingly. Stay petition also stands dismissed.