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2021 Supreme(Raj) 2146

MANOJ KUMAR VYAS
Ram Singh Meena – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
Mr. Anurag Sharma, Advocate, for the Appellant; Mr. Laxman Meena, Pp; Mr. Jitendra Pandey, Advocate, Mr. Pushpendra Pandey, Advocate, for the Respondent.

JUDGMENT

1. This criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, has been filed against the order dated 05.03.2020 passed by the Additional Sessions Judge No.l, Hindaun City, District Karauli in Sessions Case No.27/2020, whereby, the charges have been ordered to be framed against the petitioners for offences under Sections 341, 323, 364 and 307 read with 34 of IPC.

It has been submitted that the impugned order dated 05.03.2020 and the consequent charges framed against the petitioners, are illegal, improper and not sustainable being contrary to the facts and the material available on record. The learned trial Court has overlooked the medical reports available on record, which would reveal that the injuries sustained by the injured, were neither opined to be dangerous to life nor sufficient to cause death in the ordinary course of nature. The material available on record is not sufficient to bring the case within the ambit of Section 307 of IPC. The learned trial Court has failed to consider and to appreciate the material available on record. There was no evidence to frame charges under Section 307 of IPC because there was no materi

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