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2007 Supreme(Raj) 1585

K.S.RATHORE
Virendra Singh – Appellant
Versus
State of Rajasthan – Respondent


For the Accused/Petitioners:R.S. Agarwal with R.D.S. Naruka, Advocates.
For the State: S.N. Gupta, Public Prosecutor.
For the Complainant-Respondents:G.P. Kaushik, Advocate.

JUDGMENT

1. - The instant criminal revision petition under Section 397 read with Section 401 Cr.P.C. is preferred by the petitioners against the order dated 23.11.2005 passed by the Additional Sessions Judge, Kekri, District Ajmer in Sessions Case No. 34/2005, whereby charges have been framed against the accused-petitioners for the offence under Sections 307/34, 341/34, 323/34 and 325/34 I.P.C.

2. Learned counsel for the accused petitioners submits that the injury sustained by injured Mangal Das is not grievous in nature and he referred the injury report also. As per the injury report of Mangal Das, after X-ray report is given that injury Nos. 1, 2 and 3 are grievous in nature and injury No. 4 is simple in nature: He further submits that looking to the nature of the injuries, the same cannot be said to be fatal to life and are also not on the vital part of the body. Therefore, case under Section 307 I.P.C. is not made out against the petitioners.

3. In support of his submissions, the learned counsel for the petitioners placed reliance on the judgment rendered by this Court in the case of Birbal Ram S/o Bhura Ram & Anr. v. The State of Rajasthan, reported in 2005 (1) Cr.L.R. (Raj.) 8









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