MANOO LAL YADAV Vs. STATE OF U P

JUDGEMENT

(1.) This revision purporting to be under Sections 399/401 Cr. P.C. is directed against the order dated 13.8.1993 rendered by First AddI. District and Sessions Judge, Kanpur Nagar in S.T. No. 510 of 1992 framing charge against the accused applicant under Sec. 308/34 I.P.C.

(2.) The facts giving rise to the present application will need a little reference for proper appreciation of the applicable law. A first information report was lodged with the police on 16.8.1987 by one Rakesh Kumar Sharma conveying that he was going to Sarsaul from Kanpur on that day, and around 11 a.m. when his tempo was near Narbal tun, some scuffle took place between Nasir, the driver of tempo on one hand and Munnu Lal that is, one of the present applicants. Rakesh Kumar Sharma according to the allegations in the F.I.R. tried to intervene, whereupon Munnu Lal and Babu Singh assaulted him also with the help of Sariya iron rods causing serious injuries in the head region. The First Information Report described offence as one under Sec. 308 I.P.C. A copy of injury report has also been filed and it shows simple injuries upon the person concerned. Since the charge has been framed under Sec. 308 I.P.C., the applicants have come in revision.

(3.) In order to properly appreciate the subject matter of charge, one has to keep in mind provisions various sections of Indian Penal Code as well as Code of Criminal Procedure. For the purposes of offences under Sections 307 I.P.C., the offence should not be/thought of unless a situation is created, whereby it could be said that there was apprehension of death. The words usually uttered while assaulting the opponents Mardo Sale Ko, Aaj jan se Mar Dab generally do not show intention but are exclamations for extra courage and creating an awe with the victim. If an attempt is made with such words even to give a thrash, it may not be an offence of attempt, to commit murder or culpable homicide. The instant case has been somewhat more simple. There was nothing in the matter of intention against the present informant. According to the F.I.R. itself, the dispute was between the tempo driver and the informant and even between them there was no indication of any mind to commit murder what to say of making any effort to cause such injury that could have been likely to cause death or even the thought of to giving rise an impression of attempt to commit culpable homicide at all.