- 1 - IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR O R D E R S.B.CR.REVISION PETITION NO.757/2008 (Kanhi Ram & Ors. Vs. The State of Raj.) S.B.CRIMINAL REVISION PETITION UNDER SECTION 397 READ WITH SECTION 401 CR.P.C. ***** DATE OF ORDER::-04-09-2008 P R E S E N T HON'BLE MR.JUSTICE S.P. PATHAK Mr.Sanjay Kumar Sharma,for the petitioners Mr.B.K.Sharma, Public Prosecutor BY THE COURT: This revision petition filed under section 397 read with Section 401 Cr.P.C. has been directed against the order dated 27.6.2008 passed by the Addl. Sessions Judge(Fast Track), Jhalawar in Sessions Case No.53/2008, by which charges for the offence under sections 148, 341, 323, 323/149, 324, 324/149, 325, 325/149, 307 & 307/149 I.P.C. have been framed against the petitioners. Briefly stated the facts for disposal of this revision petition are that a First Information Report bearing No.109/2007 came to be registered at Police Station, Pidawa, District, Jhalawar against the accused petitioners on 27.8.2007. It was alleged in the First Information Report that accused petitioners having armed with deadly weapons like - 2 - sword, Farsa, lathies etc. caused injuries to Kailash, Gokul and Gopal. There are three injured in this case namely Kailash, Gokul and Gopal. They sustained several injuries on their person. It has also come in the statements of the witnesses recorded under section 161 Cr.P.C. that injuries were inflicted by sharp edged weapons. Injuries are also on the vital parts of the body. The police in the above circumstances filed charge- sheet against the accused petitioners. The learned trial court finding that looking to the preparation made by the accused petitioners and injuries inflicted by the accused, they were liable to be tried under section 307 I.P.C. along with other offences under the Penal Code. The contention of the learned counsel for the petitioners is that no charge was liable to be framed under section 307 I.P.C. as the injuries were simple in nature is not liable to be accepted. It is correct that most of the injuries were simple in nature. It is also correct that scull injury on the head of Gopal is of grievous nature. It also appears that sharp edged weapons were used. Therefore, in my opinion at the stage of framing charge, prima facie satisfaction of the court is necessary to frame charge against the accused for a particular offence on the basis of material collected during the course of investigation, is sufficient. It is not desirable at this stage to discuss the evidence minutely and comment on the merits of the evidence collected during the course of investigation because that may prejudice either side of the case. Taking into - 3 - consideration the entire facts and circumstances of the case and the manner in which the incident had taken place, where accused petitioners were armed with sharp edged weapons like sword, farsa, lathies etc., they inflicted injuries, then in the above circumstances, the learned trial court has rightly considered the matter and framed charge against the accused petitioners. There does not appear a reason to set aside the impugned order framing charge against the accused petitioners. The revision petition is devoid of merit and is liable to be dismissed. Consequently, the revision petition stands dismissed. (S.P.PATHAK) J. BKS/-