Rajasthan High Court - Jaipur
Omprakash Meena vs State Of Rajasthan Through P P on 28 January, 2013
Author: M.N. Bhandari
Bench: M.N. Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Criminal Revision Petition No.50/2013 Omprakash Meena Versus State of Rajasthan DATE OF ORDER : 28/01/2013 HON'BLE MR.JUSTICE M.N. BHANDARI Mr. Sudarshan Laddha, for petitioner
Mr. Laxman Meena, P.P., for State *** By this petition, a challenge is made to the order dt.19.11.2012 framing charges for offence u/ss.341, 323, 325, 308 IPC.
Learned Counsel submits that a case u/s.308 IPC is not made out. The injured received only two injuries. One injury is by lathi on the head but was found to be simple in nature; other is fracture of little finger of left arm. At the best case u/ss.341, 323, 325 IPC is made out, accordingly, petitioner may be discharged for offence u/s.308 IPC.
Learned Public Prosecutor opposing petition, submits that one injury is on vital part.
I have considered submission made and find that charge can be framed when possibility of conviction prima facie exists. In the instant case, two injuries have been caused to the injured, out of which one injury caused by lathi is simple in nature and other injury of fracture in little finger of left arm found to be grievous. Thus offence u/s.308 IPC is not made out.
I find that if allegation and evidence collected by prosecution is looked into, out of two injuries received by injured, first injury by lathi is no doubt on vital part, but found to be simple in nature accordingly intention cannot be said to be for commission of offence u/s.308 IPC. The position of fact would have been different if deadly weapon is used. Looking to the facts of this case, I do not find that prima facie a case is made out for offence u/s.308 IPC. The petitioner is discharged for the offence aforesaid and the order framing charges stand modified to that extent.
The revision petition is accordingly allowed. This disposes of stay application also.
[M.N. BHANDARI],J.
FRBOHRA/PA/50CRLREVPET2013.doc Certificate:
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
FATEH RAJ BOHRA, P.A.