SITARAM LOHAR Vs. STATE OF M P

JUDGEMENT

(1.) This revision under section 397/401 of the Code of Criminal Procedure 1974 preferred by the petitioner/complainant is directed against an order dated 18th May 2010, passed in Sessions Case No. 55/2010 by the Sessions Judge Datia, discharging thereby the accused-respondents No. 2 to 4 of charges for commission of offence punishable under section 307/34 of IPC by the said impunged order, the matter was transferred to the trial Court to frame a charge afresh under section 325/34 of IPC against the accused.

(2.) The brief facts for just decision of this revision petition are that on 16th March, 2009 at around 1 p.m., when the complainants son Dharmendra came back with his wife and when he reached in front of his house at Village Saletara, accused Virendra alias Vakil with an intention and ulterior motive to kill Dharmendra, caused an injury to him by pointed iron rod on head. Other co- accused Chunnilal was also said to have inflicted injury to him by means of lathi which hit his knee of left leg. Accused Narendra gave fist blow on the back of him. Accordingly, on the report of complainant, an FIR was lodged against the accused persons. THE injured was medically examined. During medical examination of injured Dharmendra, one lacerated wound with fracture over right partietal region of skull leading to anterior post was dictated with dimension of 6 1/2 cm. x 1/2 cm. x bone deep. As per medical report, the injury may be dangerous to his life. After investigation the charge-sheet was filed. On committal, the impugend order was passed hence this revision.

(3.) Heard the learned counsel for the parties and perused the copy of charge- sheet and statements recorded under section 161 CrPC coupled with medical report and other documents filed on record and the law applicable to the case.