2013 Supreme(Raj) 2292
NIRMALJIT KAUR
Kalu Ram @ Dharmendra – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Petitioner:V.K. Kalla, Advocate.
For the Respondents: Panney Singh, Public Prosecutor.
For the Respondent-Complainants:Pankaj Gupta, Advocate.
JUDGMENT
1. - This is revision petition under Section 37/401 of the Cr.P.C. against the order dated 16.3.2010 passed by learned Additional District & Sessions Judge No. 1, Hanumangarh whereby the accused-non-petitioners No. 2 and 3 were discharged from the offence falling under Section 307 & 307/34 IPC and matter was returned to Chief Judicial Magistrate, Hanumangarh for trial.
2. Learned counsel for the petitioner while praying for setting aside the order discharging the respondents under Section 307 IPC submitted that there were as many as 15 injuries and out of which, injury Nos. 1,2, 14 and 15 are grievous.
3. Reliance was placed on the judgment rendered by the Apex Court in the case of State of M.P. v. Mohan & Ors. reported in 2013 AIR SCW 4663 to argue that the above-mentioned injuries being grievous, Section 307 IPC was made out. It is further stated that the accused had a pistol in their pocket which further shows that there was intention to kill.
4. Heard.
5. As per the judgment rendered by the Apex Court in State of M.P. (supra) as relying on by the learned counsel for the petitioner, the hurt caused need not be grievous hurt or injury on vital part. Any act done with intent
Click Here to Read the rest of this document