1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. O R D E R JAMALUDEEN & ors. Vs. THE STATE OF RAJASTHAN S.B. Criminal Revision Petition No.352/2010 under section 397/401 Cr.P.C. against the order dated 06.04.2010 passed by the learned District & Judge,Jaisalmer in Sessions Case No.11/2010. . ............... Date of Order : 14th December, 2010 PRESENT HON'BLE MR. JUSTICE KAILASH CHANDRA JOSHI Mr.L.D.Khatri for the petitioners. Ms. Chandra Lekha , Public Prosecutor. BY THE COURT: The petitioners Jamaludeen, s/o Aamdeen, Aslam Khan, s/o Jamaludeen, Raisdeen, s/o Aamdeen and Barkat Ali, s/o Aamdeen b/c Musalman and all r/o Badli Mandla, Tehsil Pokaran, District Jaisalmer have filed this revision petition under section 397/401 Cr.P.C. against the order of the learned District & 2 Sessions Judge, Jaisalmer dated 06.04.2010. The brief facts of the case, in nut shell, are that on 09.07.09 at about 07.00PM petitioners trespassed into the house of complainant Noordeen and assaulted Rasheed Khan ,s/o Noordeen, injured with 'lathis', with a common intention to cause such injury that would cause his death. On the basis of this allegation, the learned District & Sessions Judge, Jaisalmer, vide his order dated 06.04.2010 framed charges against the petitioners under section 307, 304/149 IPC. Aggrieved by the said order, the petitioners have preferred this revision petition. Learned counsel for the petitioners contended that the order dated 06.04.10 passed by the learned District & Sessions Judge, Jaislamer suffers from illegality and impropriety because there is no sufficient ground to frame the charge against the petitioners under section 307, or 307/149 IPC because the injuries sustained by the injured were simple in nature. The learned counsel produced the copy of the injury report as well as the X-ray report and report of 3 the Medical Board of Dr.Sunil Garg, Dr.C.R. Agrawal and Dr.H.L.Bairwa of Department of Forensic Medicines & Toxicology, MDM Hoispital, Jodhpur. The learned Public Prosecutor contended that in view of the report of the Medical Board of MDM Hospital, Jodhpur there is sufficient grounds for framing of the charge under section 307 and 307/149 IPC and thus, the learned trial court was justified in framing the charges under section 307 or 307/149 IPC. I have perused the copy of the report submitted for perusal of this Court, the report dated 19.12.09 of the Medical Board of MDM Hospital, Jodhpur. Regarding head injuries it was opined - 'dangerous to life cannot be ruled'. Thus, in my considered view, the order of framing the charge against the petitioners under section 307,or 307/149 IPC does not suffer from any illegality, infirmity or irregularity and the petition filed by the petitioners is liable to be dismissed and is hereby dismissed at the admission stage. (KAILASH CHANDRA JOSHI),J. l.george