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2012 Supreme(Raj) 1571

NARENDRA KUMAR JAIN II
Kanhaiya Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Rajendra Saraswat, Advocate.
For the Party:Anees Bhurat, Public Prosecutor, Advocate.

JUDGMENT

1. - Heard the learned counsel for the accused-petitioner as well as learned Public Prosecutor for the State.

2. This revision petition under section 397/401 CrPC has been filed by the complainant-petitioner against the order dated 25th January 2012 passed by learned Additional Sessions Judge (FT) No.1, Jodhpur Metropolitan in Sessions Case No.178/2011 whereby learned Sessions Judge framed charges against the respondents No.2 to 5 for offences punishable under sections 323, 324, 326, 341 read with 34 IPC and against respondent No.4- Vinay, in addition for offence punishable under section 4/25 of the Arms Act also but held that no prima facie case is made out for framing charge of offence punishable under section 307/34 IPC. Aggrieved by not framing charge under section 307/34 IPC against the accused - respondents, the complainant has preferred present Revision Petition before this Court.

3. Briefly stating the background facts are that on the complainant lodged a report on 17.4.2011 against accused respondents, inter alia, alleging that accused-respondents made fatal assault on him, accused-respondent Vinay inflicted sword blow upon him and which cut fingers on his left hand












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