Ghanshyam vs State of Rajasthan and Others

N.M. Kasliwal, J.—I have heard Mr. Dhankar, learned Counsel for the petitioner. No body appears on behalf accused respondents inspite of service of notice on them. The police had filed a challan against the accused-persons for offences under Sections 147, 148, 149, 307, 326, 323 and 452, IPC. Learned Addl. C.J.M Kishangarh Bas by order dated 22-9-1986 committed the case for trial to the court of Sessions. Learned Addl. Sessions Judge, Kishangarh Bas (Alwar) by order dated 17-10-1987 held that prima facie no offence was made out u/s 307 IPC and as such remanded the case for trial to the Addl. CJM for offences u/s 147, 148, 149, 326 and 323, IPC, only.

It is argued by Mr. Dhankar that according to the prosecution case seven persons were injured and the accused persons had come armed with lathies, axes and other weapons. It is submitted that Ashok Kumar had received an injury on the head by an axe which was found to be of grievous nature after x-Ray examination. It is thus submitted that a clear case u/s 307 IPC is made out.

Learned P.P. has also supported the contention of Mr. Dhankar.

I have seen the order passed by the Addl. Sessions Judge as well as the FIR it was cleary alleged that the accused persons had come with an intention of killing the members of complainant party. One of the injuries on Ashok Kumar has been found to be of grievous nature and is on the head by an axe. In view of these circumstances a prima facie case is made out u/s 307 IPC. Learned Addl. Sessions Judge was not right in taking the view that the Doctor had not stated that the above injury was sufficient in the ordinary course of nature to cause death and on that account alone no offence u/s 307 IPC was made but.

In these circumstances this petition is allowed, the order of learned Addl. Sessions Judge, Kishangarh Bas (Alwar) dated 17-10-1987 set aside and it is directed that he would try the case framing charges u/s 307 IPC also along with the other offences, learned Addl. Sessions Judge would be free to consider as to what charges have to be framed against which of the accused-person.