HARVEER SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition under Section 397/401 of the Code of Criminal Procedure 1973 preferred by the accused/petitioners is directed against an order dated 29th June 2011 in Criminal Case No. 742/07 passed by the Judicial Magistrate First Class, Kolaras, district Shivpuri (M.P.), framing thereby charges against the accused for commission of offence punishable under Sections 324/149, 326/149, 148 and 294 of I.P.C. The brief facts for decision of this revision petition are that on 16th May 2007 at about 8.00 a.m. on the way in front of the house of the complainant Ram Sewak at village Vinnaya of Police Station Indar, all the accused having armed with Lathis and Farsas reached on the spot where the complainant Ram Sewak and his brother Rajaram were present and due to previous enmity hurdled abuses to them. When the complainant and his brother tried to raise objection, all the accused caused injuries by means of Lathis, Axe and Farsas on the different parts of their bodies. Seeing the incident, Imarat Singh rushed to the spot but he was also beaten by the accused-persons. On the report of the complainant, an FIR was lodged. Thereafter, the police sent the injured for their medical examination. Except injured Imarat Singh, the injuries on the persons of Ram Sewak and Raja Ram were found to be simple in nature. As per X-ray report, the injury sustained by Imarat Singh on left hand, resulted in fracture of the distal phalanx of little finger with absence of distal fragment. During trial, the learned Trial Judge by exercising the powers under Section 216 of the Code, altered and added the charge for commission of offence under Section 326/149 of I.P.C.

(2.) The contention of the learned counsel appearing for the petitioners/ accused is that the impugned order passed is against the settled principles of law and without jurisdiction, hence, same is liable to be set aside. It is contended that the trial Magistrate committed the error by amending the charge at the fag end of trial. Despite the X-ray report of the injured Imarat Singh being made available by the Investigation at the time offraming the charge by the trial court, the trial Magistrate did not opt to frame the charges at earlier stage. On the basis of the aforesaid submissions, it is prayed that by allowing the revision, the order of the trial Magistrate for alteration of charge to one under Section 326/149 I.P.C. be set aside.

(3.) The learned Public Prosecutor for the respondent/State on the other hand, opposed the prayer and prayed for dismissal of the revision being found no substance in it.