1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR Mohan Lal & Ors. Vs. State of Rajasthan (S.B. Criminal Revision Petition No.1211/2009) Date of Order :- 09th October, 2009 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr.Anoop Agrawal, for the petitioners. Ms.Alka Bhatnagar, Public Prosecutor. The petitioners have challenged the order dated 15.05.2009 passed by the Additional District & Sessions Judge (Fast Track) No.2, Sikar Camp, Srimadhopur whereby the learned Judge has framed the charges for offences under Sections 323, 324, 326 & 307/34 IPC against the petitioners. It is the case of the petitioners that according to the report of the Medical Jurist, Ramji Lal has suffered two injuries. Injury No.2 is said to be “grievous in nature” and not as being “dangerous to life in the ordinary course of nature”. Therefore, prima facie no offence is made out under Section 307 IPC. On the other hand, Ms. Alka Bhatnagar, the learned Public Prosecutor, has claimed that since the injury is on the face, a vital part of the body, therefore, the charge under Section 307 IPC has been framed legally by the learned trial court. Heard the learned counsel for the parties and perused the injury report as well as the X-ray report and the opinion of the Medical Jurist. 2 Admittedly, the second injury, caused to Ramji Lal, is on the right lower jaw and is said to be only “grievous in nature”. Therefore, prima facie an offence under Section 307 IPC is not made out. In this view of the matter, the order dated 15.05.2009 is modified to the extent that the charge framed under 307/34 IPC is, hereby, quashed and set aside. The learned Judge is directed to re- frame the charge in accordance with the evidence produced by the prosecution before him. With these observations, this petition is, hereby, allowed. (R.S.CHAUHAN)J. Manoj Solanki-