In a Criminal Revision Petition challenging charges under Section 307 IPC, the Court dismissed the plea at the charge-framing stage, holding determination of intent and nature of incident requires evidentiary trial.
Petition disposed of with liberty to take up all issues before the learned trial court at appropriate stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision Petition No. 308/2019
Jagdish S/o Shri Sukha Ram, Aged About 42 Years, B/c Jat , R/o Village Dugastawu , Jayal , Distt. Nagaur
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. |
Dinesh Godara |
|---|---|---|
| For Respondent(s) | : Mr. |
Laxman Solanki, PP |
| Mr. | Girdhar Singh Bhati |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
15/07/2022
Learned counsel for the petitioner submits that the injuries and the nature of incident does not support the charge of Section 307 IPC. Learned counsel further submits that the matter was of a simple accident, which has been blown out of proportion to include the criminal charges under Section 307 IPC. Learned counsel also submits that the independent witnesses have established that it was a simple accident and there was no intention to cause the crime.
Learned Public Prosecutor as well as learned counsel for the respondent No.2 jointly submit that there are independent witnesses, which show that the complainant is pursued by a Bolero vehicle and was knowingly hit so as to cause serious injuries.
(2 of 2)
[CRLR-308/2019]
After hearing learned counsel for the parties as well as perusing the record of the case, this Court finds that at the stage of framing of charge, no interference is called for as it is a matter of evidence that the nature of crime or nature of incident shall be disclosed.
In view of the above, the present petition is disposed of with the liberty to the petitioner to take up all the issues before the learned trial court at appropriate stage. All pending applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
47-Zeeshan
1 issue framed by the court
Whether the High Court should interfere with the framing of charges under Section 307 IPC or if evidence is required to determine the nature of the incident.
1 provisions across 1 enactments
Jagdish S/o Shri Sukha Ram
State Of Rajasthan
Narendra Singh S/o Shri Samandar Singh
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
