MANISH SHARMA Vs. STATE

JUDGEMENT

(1.) Petitioner impugns order dated 22.02.2017, whereby, Trial Court has dismissed the application filed by the petitioner under section 227 Criminal Procedure Code seeking a discharge and further directing that the a charge is liable to be framed against the petitioner for the offence mentioned in the charge sheet. Charge Sheet has been filed under Sections 308/34 Indian Penal Code.

(2.) Learned counsel for the petitioner submits that petitioner has been falsely implicated. He submits that there no cogent material on record for trial court to proceed against the petitioner for commission of offence under section 308 IPC. He submits that it is not the case of the prosecution that the petitioner inflicted any injury or incited, exhorted or even provoked the co-accused to commit the subject offence.

(3.) It is submitted that the allegation is that when the complainant slapped the co-accused Amit Kumar, he asked the petitioner to bring a rod from the car and the petitioner is alleged to have brought the rod and handed it over to co-accused who then hit the complainant with the rod on his forehead. He further submits that the complainant was completely drunk and his version given to the police cannot be relied upon. It is contended that there is absence of mens rea or common intention or conspiracy.