JUDGMENT 1. - The instant revision petition has been filed by the petitioners challenging the order dated 11.2.2009 passed by the learned Additional Sessions Judge (Fast Track), Jalore in Sessions Case No. 11/2009 (3/2009), whereby the learned Additional Sessions Judge has framed charges against the petitioners for the offences under Sections 447, 341, 323, 325, 325/34, 308 and 308/34, IPC. 2. Learned counsel for the petitioners submits that the grievance of the petitioners in this case is in relation to the charge under Section 308 IPC. He submits that the learned trial Judge has not passed any reasoned order and has framed the charges against the petitioners for various offences without any justification, he, therefore, prays that the matter deserves to be remanded back to the learned trial Court for re-consideration of the charge trader Section 308 IPC afresh. Learned counsel further submits that the injuries are simple in nature. 3. Learned Public Prosecutor has opposed the revision petition. 4. Having considered the arguments advanced at the bar and after going through the material on record, particularly the injury report of injured Dana Ram, it is revealed that the injured, apart from various other injuries, was having the following two injuries on his head: (1) Lacerated wound and bleeding 2" x 1/2" x bone deep on right temporo parietal area, and (2) Lacerated wound and bleeding 41h" x 1/2" x bone deep on occipito-parietal area right side." 5. Having considered the said injury report, this Court is also of the opinion that the learned trial Judge has passed the impugned order framing charge against the petitioners for the offence under Section 308 IPC without application of mind. The order dated 11.2.2009 passed by the learned trial Judge, to the extent of offence under Section 308 IPC, is hereby set aside and the matter is remanded back to the learned trial Court to consider the question of charges to be framed against the accused afresh and while so doing, the question of framing the charge under Section 307 IPC shall be kept in mind. As has already been mentioned above, two of the injuries sustained by the injured are bone deep injuries on his head which is a vital part of the body. 6. Thus, the matter is, now, remanded back to the learned trial Court for re-consideration of the charges, as directed above. 7. The revision petition succeeds partly.
As has already been mentioned above, two of the injuries sustained by the injured are bone deep injuries on his head which is a vital part of the body. 6. Thus, the matter is, now, remanded back to the learned trial Court for re-consideration of the charges, as directed above. 7. The revision petition succeeds partly. The record of the learned trial Court be sent back forthwith.Revision petition partly allowed. *******