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2019 Supreme(Raj) 2333

MANOJ KUMAR GARG
Gomand Ram – Appellant
Versus
State of Rajasthan, Through PP – Respondent


Advocates Appeared:
Mr. Kaushal Gautam, Advocate, for the Appellants; Mr. Rajesh Bhati, PP, for the Respondent

JUDGMENT

1. Instant criminal revision petition has been filed under Section 397/401 Cr.P.C against the order dated 12.06.2018 passed by the learned Additional District and Sessions Judge No. 01, Bikaner in Sessions Case No. 53/2016 whereby the learned trial court framed the charges against the petitioners for offences under Sections 341, 323, 307, 34 IPC.

2. Learned counsel for the petitioner submits that the injuries caused to the injured Rajeshwari are all simple in nature and not dangerous to life, therefore the offence under Section 307 IPC is not at all made out against the petitioners. Thus the order of framing charge against the petitioners is liable to be quashed and set aside.

3. Per contra, learned Public Prosecutor submits that the order of framing charge passed by the learned Court below does not suffer from any infirmity and all other questions raised in regard to the present case are to be considered by the learned Trial Court at the appropriate stage.

4. I have thoughtfully considered the arguments advanced on behalf of the parties and perused the material available on record.

5. From the perusal of the injury report of the injured Rejeshwari, it is apparent that she has

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