INDAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Heard.

(2.) Counsel for petitioners has placed reliance on the decision of Peerushah alias Peer Mohammad & Anr. Vs. State of MP, 2006 2 MPJR 368 to contend that absence of corroboration of the overt act of knife blow with the medical evidence renders framing of charge u/S. 307 of IPC unsustainable in law. Another decision of Prabhu Dayal and another Vs. State of MP, 2004 CrLJ 2990 has been cited to contend that causing of axe blows from the blunt side resulting in simple injury will not justify framing of charge under Section 307 of IPC.

(3.) The factual matrix elicited from reading of the FIR is that the accused-petitioners alongwith other co-accused with an intent to commit murder assaulted Kumer Singh on the head with pharsi leading to a lacerated wound measuring 6 x 1.5 cm on the left parieto temporal region as per the MLC of injured Kumer Singh. The Doctor on the very same day when MLC was prepared, certified that the said injury was dangerous to life as injured Kumer Singh was unable to speak and therefore was referred to the District Hospital, Guna for better treatment.