STATE OF MP Vs. HABIB

JUDGEMENT

(1.) The State has come up in revision against order-dated 20.09.1999 passed by Sessions Judge, Sehore in S.T. No.126/1999 whereby holding that no offence under Section 307 of the IPC was made out, he proceeded to transfer the case, under Section 228(1) of the Code of Criminal Procedure (for short 'the Code'), to Chief Judicial Magistrate, Sehore for trial.

(2.) The respondents were charge-sheeted for the offences under Sections 147, 148 and 307 read with S.149 of the IPC upon the allegations that being armed with deadly weapons like gupti and lohangi, they constituted an unlawful assembly and in furtherance of the common object thereof, jointly assaulted complainant Shafique, his elder brothers Lateef and Haneef, mother Hoora Bi and Bhabhi Shabra Bi and abdominal injury sustained by Lateef was characterized by the medical expert as dangerous to life.

(3.) A bare perusal of the corresponding operative finding would reveal that the abdominal injury had resulted in peritoneal tear, omentum tear and splenic contusion. As per prosecution version, the injury was caused by respondent no.5 namely Aziz by means of a Gupti.