MUNNANUL HAQ Vs. STATE OF U. P.

JUDGEMENT

(1.) This application under Section 482 of Cr.P.C. has been filed by Munnanul Haq, Asif, Arif and Ataur Rahman, with a prayer for quashing of impugned order dated 10.12.2013, passed in Sessions Trial No. 251 of 2013, arising out of Case Crime No. 194 of 2012, under Sections 308/34, 323/34, 324/34, 504, 506 IPC, Police Station Kanth, District Moradabad.

(2.) Learned counsel for the applicants argued that vide impugned order, learned trial Court of Additional District and Sessions Judge, Court No. 3, Moradabad, in Sessions trial No. 251 of 2013, has framed charge for offences punishable under Sections 308/34, 323/34, 324/34, 504, 506 IPC, with a direction for trial of applicants for above charge. Whereas, no grievous hurt, likely to cause death, or of nature to cause death in all probability was there. Rather, injuries were held to be of simple in X-ray examination and supplementary report of medical examination of Javed Khan. Whereas, no supplementary report with regard to Sahamat is there. Medical Officer opined that the injuries could be sufficient to cause death in the ordinary course of nature. But injuries were held to be of simple in nature. Hence, no offence, punishable under Section 308 IPC was made out. Even then, charge for the same was got framed. Whereas, this Court in a precedent, reported at 1980 A.L.J. 816, Bechan vs State of U.P., 1991 AllLJ 568 and in an Application under Section 482 No. 28115 of 2010, decided on 10.11.2010, has held that injuries, if not of fatal in nature, will not amount for offence punishable under Section 308 IPC. Hence, impugned order of learned trial Court is under abuse of process of law. Hence, this application with above prayer.

(3.) Learned AGA as well as learned counsel for the informant has vehemently opposed, with this contention that it was a cross case, wherein, FIR was instantly got lodged as case crime number 194 of 2012, under Sections 308/34, 323/34, 324/34, 504, 506 IPC, P.S. Kanth, District Moradabad, on 10.7.2012, at 9.:40 A.M. The cross version by Mohd. Arif was also got registered for offence punishable under Sections 323 and 504 IPC, on the same date of 10.7.2012 at 10:15 A.M. The injured Javed Khan and Sahamat were instantly taken for medical treatment by police personnel and they were instantly taken medically examined, wherein, Javed Khan was having injury:- (1) Incised wound of 5.0cm X 1.0cm, deep bone over skull, anteriorly, 7.5cm above medial end of left eyebrow. At the time of examination patient was unconscious with blood pressure of 110/60 mmHg, pulse rate 90bpm. (2) Tenderness was present over left side of chest wall, though no mark of injury was there. (3) Tenderness was also present over left side of abdomen and in lumbar region. Injury No. (1) is caused by some sharp edged object and injury Nos. (2) and (3) by hard and blunt object. All injuries are fresh in duration and kept under observation. Patient was refereed to District Hospital for admission & X-ray [CT skull and chest & USG Abdomen]. Sahamat was also medically examined and he was having injuries:- (1) Incised wound of 5.5cm X 1.0cm above deep over right side of skull, laterally 9.0cm above roof of left pinna. Patient was conscious. (2) Traumatic swelling of size 3.5cm X 2.5cm over left wrist dorsally. (3) An abrasion of size 1.0cm X 1.0cm over left palm. Injury No. 1 is caused by sharp edged object and injury Nos. 2 and 3 were caused by hard and blunt object. All injuries were fresh in duration. Injury No. 3 is simple in nature and injury Nos. 1 and 2 are kept under observation and advised for X-ray and CT scan and patient was referred for hospital for his admission and further management. Though supplementary report of Javeda Khan is with no abnormalcy, but patient was admitted for a long time for his treatment and seat and size of injury was over skull. Hence, offence punishable under Section 308 IPC was very well there. Accordingly, charge was framed.