Order
18/07/2025
Both the revision petitions have been filed by the petitioners
under Section 397/401 Cr.P.C. against the order dated 25.10.2024
[2025:RJ-JD:31696] (2 of 4) [CRLR-1589/2024]
passed by the learned Additional Sessions Judge No.2, Jodhpur
metropolitan by which the learned trial court has framed the
charges against the petitioners for offences under Sections 341,
323, 324 and 307/34 IPC.
Counsels for the petitioners submit that the petitioners have
been falsely implicated in this case. It is the complainant party
that was the aggressor and free fight occurred between the
parties during which the complainant received injuries. It is
argued that the trial court has committed an error in framing
charge for offence under Section 307 IPC inasmuch as the injuries
sustained by the complainant and his cousin are simple in nature
and none of the injuries are sufficient to cause death in ordinary
course of nature, therefore, prima face case under Section 307
IPC is not at all made out against the petitioners. In such
circumstances, the charge framed against the petitioner for
offence under Section 307/34 IPC is bad in the eye of law.