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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Revision Petition No. 539/2022

1.

Karan Gambhiri S/o Bhagwan Das, Aged About 31 Years,

R/o Ward No. 12, Padampur, District Sriganganagar (Raj.)

2.

Jagmeet Singh S/o Mahender Singh, Aged About 24

Years, R/o Ward No. 01, 6 Rb Jaloki , Padampur, District

Sri Gagnanagar (Raj.)

----Petitioners

Versus

1.

State Of Rajasthan, Through Pp

2.

Sangat Ram S/o Sera Ram, R/o Ward No. 12, Padampur,

District Sriganganagar (Raj.)

----Respondents

For Petitioner(s)

:

Mr. Kuldeep Sharma

For Respondent(s)

:

Mr. S.K. Bhati

Mr. S.K. Verma

HON'BLE MR. JUSTICE FARJAND ALI

Order

21/07/2023

1.

By way of filing the instant criminal revision petition

petitioners have challenged the order framing charge dated

02.05.2022 passed by the learned Additional Sessions Judge, Sri

Karanpur, District Sri Ganganagar in Sessions Case No.48/2021

whereby the learned Judge directed to frame charges against

them for the offences under Sections 307, 341, 323, 325 r.w.

Section 34 of the IPC.

2.

Heard learned counsel for the petitioners as well as learned

Public Prosecutor for the State and learned counsel for the

respondent No.2. Perused the material available on record and the

order impugned.

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3.

It is emanating from the allegations levelled in the FIR and in

the statements of the prosecution witnesses as well as from the

site plan prepared by the Investigating Officer during investigation

that the petitioners were in a Maruti Alto Car and the victim was

on a Motor Cycle . They were chasing the victim and it is the

allegation that the car hit the Motor Cycle but the consequence of

which are not reflecting from the facts and circumstances. It is

further revealing that the Motor Cycle was stopped and it was

parked near a wall then the petitioners reached there and alighted

from the Car. The petitioners were three in numbers and were

having an iron rods in their hands, they inflicted injuries on the

leg, knee and ankle of the victim. Petitioners were having ample

opportunity to inflict more injuries to the victim but they did not

do so. If they had an intention to ill the victim, they would have

caused injuries on vital parts of the victim. It is also appearing

that the victim fell down on the earth and the three accused gave

beatings to him but there are only four injuries that too on non-

vital parts of the body of the victim. The injury report shows

following injuries which are as under:-

(i) Lacerated wound measuring 6 CM X 10 CM X bone deep on the

lower 1/3rd Ant. Surface of left lower limb;

(ii) Lacerated wound measuring 8 CM X 14 CM X bone deep on the

lower 1/3rd Ant. Surface of right lower limb;

(iii)

Swelling of 10CM X 8 CM on the middle of dorsum of left

forearm;

(iv) Swelling of 8 CM X 10 CM on middle of dorsum of right

forearm;

(v) Bruise measuring 6 CM X 7 CM ant. Surface of left thigh;

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(vi) Complain of pain all over the body.

4.

Despite having weapons and opportunity to inflict more

injuries and to act in more cruel manner and to cause injury on

other vital parts viz., head, chest, neck, abdomen, no endeavor

was made though the accused persons were dominating the

circumstances manifestly making it clear that they did not have

any intention to kill he victim rather they only wanted to cause

simple and grievous injuries to the victim.

5.

This Court vide order dated 10.05.2023 while deciding S.B.

Criminal Revision petition No.128/2022 (Samane Khan & Ors. Vs.

State & Ors.) has elaborated and considered the matter regarding

to imposition of Section 307 iPC and inflicting injuries without an

intention to kill the victim. Relevant part of the said judgment is

reproduced as under:-

6.

After careful scanning of the material available on

record, it is observed by this Court that it is an admitted fact

situation th