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2023 Supreme(Raj) 2266

MANOJ KUMAR GARG
Dinesh Kumar – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mahaveer Bishnoi
For the Respondent: Anil Joshi, Pallav Sharma

ORDER :

1. The instant criminal revision has been filed by the petitioners under Section 397/401 Cr.P.C against the order dated 20.09.2023 passed by learned Additional Session Judge No. 2, Raisinghnagar, District Sriganganagar in Sessions Case No. 02/2023 pertaining to FIR No. 129/2021 of Police Station Muklawa, District Sriganganagar whereby the learned trial Court framed the charges against the petitioners for offence under Sections 307/34, 323/34, 325/34, 447/34 & 341 of IPC.

2. Learned counsel for the petitioner submits that there are cross cases between the parties and injured Subhash and Ramchander each received only two injuries in all. According to injury report of Ramchander, he received injury on his left knee which is non-vital part of his body and another one is simple in nature. As per injury report of Subhash, he received two injuries out of which, injury No. 1 is found to be grievous in nature that is on skull and temporal region. Counsel further argued that there was free fight between the parties and there was no repetition of blows, therefore, offence under Section 307 IPC is not made out. Counsel submitted that previously the doctor opined that none of the injuries

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