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1997 Supreme(Raj) 1178

M.A.A.KHAN
Chiman Singh – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - For causing injuries, including with a fire-arm on the hand and head of Brijendra Singh, Prosecution witness by one of the members of the alleged. unlawful assembly stated to have been formed by the applicants with the said common object, Crime No. 102/96 Under sections 147,148, 149, 323, 324 and 307 Indian Penal Code was registered at police station Uchhan in District Bharatpur. During investigation of the case the investigating officer, the Chatarpal ASI, was of the opinion that the offence Under section, 307 Indian Penal Code, which was a non- bailable offence, was not committed in the case. He, therefore, admitted the applicants to bail Under section 436 Criminal Procedure Code The investigation was, however, transferred to the Circle officer and then to the Dy.S.R l/C. Both these officers, were of the opinion that the offence Under section 307 Indian Penal Code was as well committed, though the Board of Doctors constituted for determining the nature of the gun-shot injury on the head of the injured has opined that the said injury was simple in nature. The investigation officer therefore, moved the learned Addl. Sessions Judge Under section 439(2) Criminal Procedu








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