Order 29/05/2017 Learned counsel for petitioners submitted that as per injury report Ram Singh was burnt only about 30% and as per medical opinion his injury was found to be simple in nature, despite learned Trial Court has framed charge of Section 308 read with Section 34 IPC against the petitioner.
Learned Public Prosecutor oppose the petitioner.
I have gone through the material available on record.
As per FIR, boiling oil was thrown on the injured Ram Singh during the course of scuffle between the parties. Cross cases have been registered. Who was the aggressor and who was having right of private defence these are matters to be decided only after trial of the cross cases. At this juncture, it may be construed that a person throwing boiling oil on other person must have knowledge (2 of 2) [CRLR-363/2017] that it may cause death to the person.
Therefore, I do not find any illegality, impropriety or incorrectness in the impugned order passed by learned Trial Court with regard to framing of the charge against the petitioner.
The petition is disposed of. The objections herein will not affect the trial as these observations have not been made after examining the merit of the case.
(VIJAY KUMAR VYAS), J.
Dheeraj/Jr.P.A./20