ARJANBHAI BIJALBHAI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petition is directed against the order dated 8.10.2007 passed by the learned Sessions Judge below Application Exh.7 for discharge from the addition of the charge for the alleged offence under Section 302 of IPC, whereby the application has been dismissed.

(2.) THE relevant facts are that the FIR was filed vide I-C.R. No.91/95 with Mahuva Police Station on 22.5.1995 for the offence under Section 325, 503 of IPC read with Section 135 of Bombay Police Act. THE FIR is filed by the injured victim and as per the said FIR, because of the dispute of cutting of babool trees, the accused got excited and gave a blow of iron 'T' on the hand of the victim. As a result thereof, he sustained injury on the upper portion of the elbow of left hand. In the very FIR, it has been stated that the cause is the dispute for cutting of babool trees and his hand has been broken with the 'T'. It appears that thereafter the victim was hospitalized for the treatment of the injury and after 7 days he expired. THErefore, the Investigating Officer added the charge of Section 302 of IPC and thereafter, the charge-sheet was filed. Before the learned Sessions Judge, the petitioner accused preferred the application Ex.7 for discharge from the offence under Section 302 of IPC, since as per the petitioner, there was no evidence for constituting the offence under Section 302 of IPC. THE learned Sessions Judge heard the applicant and for the reasons recorded in the impugned order, has dismissed the same, against which the present petition before this Court.

(3.) IT appears that the learned Sessions Judge has not considered the basic aspect to meet with the requirement of framing of the charge under Section 302 of IPC. There is no evidence on record, nor has the learned APP been able to show any material, which may show that there was intention on the part of the accused to cause death or that it was intended for causing death.