The court clarified that mere injuries do not justify Section 307 IPC charges without evident homicidal intent, emphasizing strict interpretation of criminal law concerning bodily harm.

Order :

FARJAND ALI, J.

Grievance of the Case :

1. By way of filing the instant petition, the petitioners assail the impugned order dated 16.07.2025 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Bikaner, in Sessions Case No. 59/2021, whereby charges for the offences under Sections 341, 323, 325, 307 and 354 read with Section 34 of the IPC have been framed against the petitioners, despite the absence of prima facie material and in gross abuse of the process of law.

Brief Facts of the Case

2. That the brief facts of the case, which have necessitated the filing of the present revision petition, are that on 30.05.2021 at about 11:02 a.m., respondent No.2/complainant, along with her husband Prem Kumar, submitted a written report before the Station House Officer, Police Station Kotegate, District Bikaner, alleging that several civil and criminal litigations were pending between her husband Prem Kumar and her brother-in-law Radhakishan in relation to property disputes, on account of which Radhakishan and his family were harboring animosity against her and her family. It was further alleged that on 29.05.2021 at about 8:00 p.m., while the complainant was bringing her cow home to tie it, accused Radhakishan, Kiran wife of Radhakishan, Jugal Kishore son of Radhakishan, and Ganga wife of Jugal Kishore were allegedly lying in wait. As soon as the complainant reached near her house, accused Kiran and Ganga allegedly caught hold of her hair and pulled her down, whereafter all the accused persons allegedly assaulted her with the intention to kill her. It was specifically alleged that accused Jugal Kishore inflicted a blow on her head with a thick stick with the intention to cause her death.

3. It was further alleged that during the course of the said assault, accused Radhakishan and Jugal Kishore allegedly put their hands inside the blouse of the complainant with the intention of outraging her modesty. The complainant further alleged that she sustained grievous injuries on her head as well as injuries all over her body due to the blows inflicted by accused Jugal Kishore.

4. Upon hearing her cries, her sister-in-law Pushpa Devi and brother-in-law Kanhaiyalal allegedly reached the spot to intervene, whereupon the accused persons allegedly assaulted them as well. It was further alleged that accused Radhakishan and Jugal Kishore behaved indecently with Pushpa Devi with the intention of outraging her modesty and abused the complainant and Pushpa Devi using filthy language. It was also alleged that when other persons from the vicinity reached the spot, the accused persons fled away and, while leaving, took away the complainant’s gold chain weighing approximately two tolas. It was further alleged that but for the timely intervention of the villagers, all the accused would have killed the complainant and her relatives. That on the basis of the said written report, the police registered F.I.R. No. 136/2021 dated 30.05.2021 at Police Station Kotegate, District Bikaner, against the petitioners and others for the offences under Sections 452, 323, 341, 354 and 34 of the Indian Penal Code and commenced investigation.

5. That upon completion of investigation, the investigating agency did not find involvement of the wives of the accused- petitioners in the alleged incident and accordingly dropped their names from the case. However, a charge-sheet came to be filed against the present petitioners for the offences under Sections 307, 354, 323, 341, 325 and 34 of the Indian Penal Code before the lea