Rajasthan High Court - Jaipur
Paras Jain & Ors vs State Of Rajasthan on 6 August, 2012
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JAIPUR
ORDER
Paras Jain & ors. vs. The State of Raj.
S.B. Cr. Revision Petition No. 1565/2009 u/s 397 read with Section 401, Cr.P.C. against the judgment dated 19.6.2009 passed by the learned Sessions Judge(Fast Track) No.2, Jaipur City, Jaipur in Sessions Case No. 29/2009.
Date of Order : August 6, 2012.
PRESENT
HON'BLE MRS. JUSTICE NISHA GUPTA.
Mr.Arvind Sharma for the petitioners.
Mrs. Alka Bhatnagar, Public Prosecutor for the State.
BY THE COURT:
This revision petition has been filed against the judgment dated 19.6.2009 passed by the learned Sessions Judge(Fast Track) No.2, Jaipur City, Jaipur whereby charges have been framed against the present petitioners for the offences under Sections 143, 323, 341 and 307/34 IPC.
The contention of the present petitioner is that charge under Section 307 IPC has been wrongly framed against the present petitioners. The M.L.C. and X-ray reports go to show that no bony injury has been sustained by the injured persons. None of the injury is sufficient to cause death in ordinary course and as such charge framed under Section 307 IPC is liable to be set aside.
Per contra, the contention of the learned Public Prosecutor is that only nature of the injury is not a relevant consideration to charge a person under Section 307, IPC. Apart from the nature of injury manner of incident, surrounding circumstances, intention, weapon used and the place of the injuries are also relevant consideration and in the case in hand, there are specific allegations that the present petitioners have called injured Paras Jain out from the Gents parlour. They taken him about 50 yards distance and then injuries have been caused by sharp weapon on chest, a vital part of the body. It is true that after X-ray, none of the injury has been found to be grievous but looking to the weapon used and place of injury,i.e. Chest, charge under Section 307 IPC has been rightly framed against the present petitioner.
Heard learned counsel for the petitioners and the learned Public Prosecutor for the State and perused the impugned order.
Looking to the manner of the incident, weapon used and coupled with the fact that sharp weapon injury from knife has been caused on the interior aspect of the chest, the learned trial court has rightly framed the charge under section 307 IPC against the present petitioner. Hence there is no illegality or infirmity in the impugned order and this revision petition is liable to be dismissed.
Hence this revision petition is hereby dismissed.
( NISHA GUPTA ),J.
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