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Sumitra Devi & Anr. vs. State of Rajasthan & Ors.

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Penal Code, 1860–Secs. 307 & 365–Constitution of offence–No weapon was used for causing the injury and the injury sustained by the injured was behind the earlobe–It cannot be treated to be grievous or life threatening so as to warrant the petitioner to be charged u/s. 307–Held, police is liberty to file the charge-sheet for other offences except u/ss. 307 & 365.