RAM PRATAP YADAV Vs. ANAND RAM

JUDGEMENT

(1.) This revision petition has been filed by the complainant challenging the order dated 8-11-2000, passed in S.T. No. 242/2000 whereby the non applicants 1 & 2 have been discharged of the offence punishable under Section 307 of IPC and instead charge under Section 324/34 of IPC has been framed.

(2.) According to the prosecution, while the applicant/complainant going on a bicycle from Pali Markadih, to Janjgir, near the Railway bridge the non applicants 1 & 2 met him on the way and non applicant No. 1 inflicted injuries on the neck, back, right hand, shoulder and on various other parts of his body with a tangia. On a report being lodged at police station Janjgir, offence under Section 307 of IPC was registered against the non applicants. The complainant/applicant was sent for medical examination and he remained admitted in hospital from 23-4-2000 to 9-5-2000. Counsel for the State has produced the medical report. From the medical report it is clear that the injured/applicant has suffered the following injuries.

(3.) A perusal of the First Information Report (FIR) goes to show that the weapon of offence, the manner in which it was used and the nature of the injuries sustained by the injured are sufficient for the purpose of framing the charge under Section 307 of IPC and the approach of the trial judge to the effect that there is no prima facie evidence for framing charge under Section 307 of IPC is wholly unjustified. By the impugned order the trial judge has taken the matter very casually. The Doctor is yet to be examined.