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2007 DIGILAW 1712 (RAJ)

Man Mohan v. State of Rajasthan

2007-09-11

G.S.SARRAF

body2007
JUDGMENT 1. - This criminal revision petition under Section 397 read with Section 401 Cr.P.C. is directed against the order dated 22.8.2007 passed by Additional District and Sessions Judge (Fast Track) No. 1, Tonk whereby charges have been framed against the petitioner Man Mohan under Section 307 or 324 IPC, Section 323 IPC and under Section 4/25 Arms Act against the petitioner Kailashi under Section 323 IPC. 2. Heard learned counsel for the petitioners and learned P.P. and perused the record made available to me. 3. The only grievance of the counsel for the petitioners is regarding framing the charge against the petitioner Man Mohan under Section 307 IPC. He has contended that all the injuries suffered by all the injured persons are simple and no case for framing of charge under Section 307 IPC against the petitioner Man Mohan is made out. 4. There are three injured persons, namely, Shanti, Kamlesh and Babu Lai. Shanti has suffered one injury, Kamlesh has suffered two injuries and Babu Lai has suffered four injuries. All the injuries suffered by all the injured persons are simple in nature. 5. Before framing the charge the court must have some material on the basis of which after applying its judicial mind it can come to the conclusion that there is a prima facie case against the accused. Taking into consideration the nature of the injuries coupled with other facts and circumstances, of the case, I am of the opinion that no prima facie case is made out for framing charge against the petitioner Man Mohan under Section 307 IPC. 6. Consequently, this criminal revision petition is partly allowed and the charge framed against the petitioner Man Mohan under Section 307 IPC is quashed and the remaining impugned order is maintained and the learned court below is directed to proceed further in accordance with law.The revision petition stands disposed of as above.Revision disposed of as above. *******