Judgment 14/02/2017 By way of present criminal revision, the petitioners are challenging the order dated 09.12.2016 passed by Additional Sessions Judge, Churu, Camp Sardarshahar in Sessions Case No. 13/2015 whereby, charges were framed under Section 341, 308 and 323 IPC. Learned counsel for the petitioners while assailing the order dated 09.12.2016 argued that as per injury report, no prima facie case is made out against the petitioner for offence under Section
308 IPC. No specific overt act has been assigned to any of the petitioners and there is no allegation of repetition of any blow. Learned counsel further argued that learned trial court has erred (2 of 2) [CRLR-149/2017] in framing charge against the petitioners as at the most even if the highest allegation so leveled are considered, the case would not travel beyond offence under Section 323 IPC as there is no boney injury on the body. Counsel for the petitioners placed reliance on the case of Narendra Kumar Sharma Vs. State & Ors (2009(4) CJ (Cr.) (Raj.) 1655, Mahendra & Ors Vs. State of Rajasthan & Anr. (2007(2) CJ (Raj.) Crl. 842 and order dated 16.12.2016 passed by this Court in S.B. Criminal Revision Petition No. 1466/2016. Learned Public Prosecutor opposed the revision petition an d prima facie there is material available for framing charges for offence under Section 341, 308 and 323 IPC. Heard learned counsel for the petitioners, Public Prosecutor and also perused the copy of relevant documents. A bare perusal of the injury report will go to show that the injuries are simple in nature but the Court below has not discussed the injury report as well as the x-ray report of injured while framing charges for offence under Section 308 IPC In view of above, the present revision petition is allowed and the order dated 09.12.2016 is hereby quashed and the matter is remanded back to the trial court with direction to pass a fresh order of framing of charges against the petitioenrs after giving opportunity of hearing to both the parties and after taking into consideration the injury report and other documents available on record. (GOVERDHAN BARDHAR)J. bjsh
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