1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER SB Cr Revision Petition No. 856/2010 Bhol Singh @ Bholu Singh Vs State of Rajasthan & anr 26.7.2010 HON'BLE MR JUSTICE MN BHANDARI Mr DS Poonia - for the petitioner Mr Laxman Meena – PP for the State BY THE COURT: By this revision petition a challenge has been made to the order dated 5.6.2010 whereby charges have been framed against the petitioner for offence under section 307 IPC apart from other sections. Learned counsel for the petitioner submits that case for offence under section 307 IPC is not made out. All the injuries received by the injured are simple in nature. In view of the aforesaid, order of framing charges for the offence under section 307 IPC may be set aside. Learned PP has opposed the revision petition. He submits that fire-arm was used in the occurrence. Injured Satibux Singh had received fire-arm injuries. In view of the aforesaid, when fire- 2 arm has been used, charge for an offence under section 307 IPC has rightly been framed by the court below. I have considered rival submissions of learned counsel for the parties. I would be gainful to reproduce section 307 IPC for ready reference:- “307. Attempt to murder. - Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to [imprisonment for life], or to such punishment as is hereinbefore mentioned. Perusal of the provision reveals that aforesaid section has two parts with different punishment. In the first part, if the act of the accused is found with intention or knowledge that it may cause death, he would be guilty for murder, he shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable for fine. In the second part, if the hurt is caused to a person by such act then offender shall be liable either to imprisonment for life or to such punishment as mentioned above. Aforesaid provision shows that it is not necessary to receive hurt. In fact, if hurt is received then 3 punishment is upto imprisonment for life. Looking to the aforesaid, now the matter is required to be viewed. It is a case where fire-arm was used by the petitioner and even injuries have been sustained. Use of deadly weapon like fire-arm cannot exclude the intention or knowledge of the accused regarding his act which may cause death amounting to murder. The learned court below has taken aforesaid into consideration and framed charge for the offence under section 307 IPC. I find no error in the order framing charges against the petitioner merely for the reason that injuries are found to be simple in nature. In view of above discussion, I find no merit in the revision petition. Hence, the same is dismissed. (MN Bhandari), J. bnsharma