O R D E R

% 18.04.2012

1. This Criminal Revision Petition has been filed by the petitioner impugning the order dated 21.2.2012 vide which he was charged for having committed the offence punishable under Section 302/34 IPC passed by learned Additional Sessions Judge.

2. Learned counsel for the petitioner Shri Jitender Sethi submitted that he is not praying for quashing of charge but limiting his submissions to the extent that from the allegations made in the charge sheet, prima facie an offence under Section 304/34 IPC is made out and petitioner should have been charged for the said offence.

3. Referring to the charge sheet and the post mortem report, learned counsel for the petitioner submitted that as per the complaint, the assailants were armed with danda, lathi, kirpan and rod. The post mortem and FSL report reveal that injury No.1 is on a non-vital part i.e. thigh and could be caused with ‘kirpan’ Cause of death, as per post mortem report is haemorrhagic shock subsequent to injury to left femora vessels by stab injury. The post mortem report does not mention that the injuries mentioned were sufficient to cause the death in the ordinary course of nature. Learned counsel for the peti