1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR JUDGMENT Rajesh & Ors. Vs. State of Rajasthan (S.B. Criminal Revision Petition No.861/2004) S.B. Criminal Revision Petition under Section 397 Cr.P.C. read with Section 401 Cr.P.C. Date of Order :- 29.09.2009 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr.A.N. Khan, for the petitioner. Ms.Alka Bhatnagar, Public Prosecutor. The petitioners have challenged the order dated 04.08.2004 passed by the Additional Session Judge (Fast Track) No.1, Jhunjhunu whereby the learned Judge has framed charges for offences under Section 307, 307/34, 325, 325/34, 324, 324/34, 323, 323/34 & 447 IPC against the accused-petitioners. It is the case of the petitioners that according to the complainant, Inder Singh himself and according to his medical report, he has suffered fracture of the shaft of the left femur. However, the said injury has been caused by a blunt weapon and not by a sharp edged weapon. Moreover, the injuries caused to Balwan, although caused by a sharp edged weapon, are simple in nature. Thus, neither the injury caused to Inder Singh, nor caused to Balwan fall within the ambit of offence under Sections 307 IPC. Therefore, the learned trial court was 2 not justified in framing a charge for offences under Sections 307 & 307/34 IPC. On the other hand, Ms. Alka Bhatnagar, the learned Public Prosecutor, has contended that the learned trial court was justified in framing the charge under Section 307 IPC. In case the prosecution fails to prove its case for offence under Section 307 IPC, the trial court can always convict the petitioner for the offences under Sections 324 & 325 IPC. Hence, the charge order should not be disturbed by this court. Heard the learned counsel for the parties and perused the record which has been produced before this Court. A bare perusal of the record clearly reveals that although Inder Singh has suffered a fracture of the upper part of shaft of the left femur, the said injury No.1, has been caused by a blunt weapon. The said injury has not been caused by a sharp edged weapon. Moreover, injury No.2 is a incised wound which is muscle deep on the lateral aspect of the left hip. Although the said injury has been caused by a sharp edged weapon, but the injury is simple in nature. Therefore, clearly neither of these two injuries are sufficient in the ordinary course of nature to cause death of Inder Singh. Similarly, the two incised wounds suffered by Balwan are also simple in nature. Hence, they, too, are incapable of causing his death in the ordinary course of nature. 3 Considering the medical report, which is readily available on record, prima facie no offence is made out under Section 307 IPC. Therefore, in this view of the matter, the order dated 04.08.2004 is modified to the extent that the charge for offence under Sections 307 & 307/34 are quashed and set aside. The rest of the order is, hereby, confirmed. In the result, the criminal revision petition is partly allowed. (R.S.CHAUHAN)J. Manoj Solanki-