1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR JUDGMENT Narendra Kumar Sharma Vs. State of Rajasthan & Ors. (S.B. Criminal Revision Petition No.1198/2009) S.B. Criminal Revision Petition under Section 397 Cr.P.C. read with Section 401 Cr.P.C. Date of Order :- 30.09.2009 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr.Ripu Daman Singh Naruka, for the petitioner. Ms.Alka Bhatnagar, Public Prosecutor. The petitioner has challenged the order dated 25.05.2009 passed by the Additional Sessions Judge (Fast Track), Sikar whereby the learned Judge has discharged the accused-respondent Nos.2 to 4 from the offence under Section 308 IPC. It is the case of the petitioner that injury No.2 suffered by Narendra is a lacerated wound in the mid scalp region. According to the learned counsel, it is an injury on a vital part of the body. Therefore, clearly a case under Section 308 IPC is made out. Moreover, injury No.4 is a bruise on the left elbow and according to the X-ray report, there is a fracture of the elbow. Lastly, Injury No.6 is also a bruise on the left foot and has been opined by the Doctor as being grievous in nature. Therefore, according to the learned counsel, the offence under Section 308 IPC is clearly made out. 2 Heard the learned counsel for the petitioner and perused the impugned order. The learned counsel is unable to inform this Court whether the injury on the head had resulted in any fracture or not. Thus, this Court is of the opinion that the said injury is simple in nature and not grievous in nature. So far as the injury No.4, the bruise and the fracture of elbow, and injury No.6, the bruise on the left foot are concerned, both the fractures are on non-vital parts of the body. Therefore, no offence is made out under Section 308 IPC. Hence, the learned Judge was justified in discharging the non-petitioner Nos.2 to 4 for offence under Section 308 IPC. In this view of the matter, there is neither any perversity, nor any illegality in the impugned order. The revision petition is devoid of any merit. It is, hereby, dismissed. (R.S.CHAUHAN)J. Manoj Solanki-