HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Rajendra Kumar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
MANOJ KUMAR GARG, J.
1.The instant revision petition has been filed by the petitioners against the order dated 28.07.2023 passed by the learned Additional Session Judge, Sangaria whereby the learned Judge framed the charges against the petitioners for offences under Sections 307 /34 , 341 /34 , 323 /34 , 324 /34 , 326 /34 IPC .
2. Learned counsel for the petitioners submits that according to the injury report of injured Mahesh, he received three injuries in all, out of which Injury No.2 which is caused on his ring finger, is found to be grievous in nature and rest of the injuries were simple in nature. Counsel submits that all the injuries were on the non-vital part of the body of the injured Mahesh. In such circumstance, the petitioner. But the learned trial court, in a mechanical manner, has framed the charge for offence under Section 307 /34 IPC against the petitioners. Thus, the impugned order of framing charge deserves to be quashed and set aside.
3. Learned Public Prosecutor and learned counsel for respondent No.2 have supported the order passed by the learned trial Court and contended that the injuries were caused with kasi by the petitioners, which is a sharp edged weap
The trial court must thoroughly evaluate evidence before framing charges, as mechanical adoption of prosecution's stance is inappropriate.
Charges under Section 307 IPC were improperly framed as the injuries were not grievous; the court directed charges under Section 308 IPC instead.
At the charge framing stage, only prima facie evidence is required, and strong suspicion suffices to proceed against the accused.
At the charge framing stage, the court only needs to establish a prima facie case indicating the accused might have committed the offence, without delving into the sufficiency of evidence.
The court affirmed that for Section 307 IPC, causing hurt with intent or knowledge is sufficient, and the trial court must assess evidence to determine if charges are warranted.
At the charge-framing stage, only prima facie evidence is required, and strong suspicion is sufficient to proceed against the accused.
For framing charges under Section 307 IPC, intention and knowledge are crucial, and a prima facie case must be established based on the injuries and circumstances surrounding the incident.
The court determined that charges must align with the severity of injuries, ruling that attempted murder charges were inappropriate given the medical evidence.
Charges under Section 307 IPC cannot be framed without clear evidence demonstrating common intention to kill, emphasizing the need for careful assessment of material at the charge stage.
The court established that at the charge framing stage, a strong suspicion of guilt suffices to proceed, without requiring proof of the allegations.
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