SHUBHENDRA GAUD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY these two revision applications, the applicants Shubhendra Gaud and Anshul Panchal who are partly aggrieved by framing charge against them under Section 307/34 of IPC and are praying for setting aside of the order dated 23/05/2012 passed by IVth Additional Sessions Judge, Mhow District-Indore framing charges against them as well as against other co- accused persons under Section 294, 506, 323 and 307/34 of IPC

(2.) BRIEF facts of the case are that on 25/02/2012 Nakul lodged a 'Dehati Nalishi' to the effect that on 24/0/2012 after annual function of college at about 8:00 p.m.; he along with his friends Afam, Yash, Neel and others had gone to 26 Hills Restaurant for dinner. That after placing order for dinner when they were standing in front of the restaurant, at that time two boys came on black 'Pulsar' motorcycle bearing Registration No.M.P.09.MY.214. That on passing of remarks on Afam, by them, he asked them as to why they were misbehaving with him. That upon this they started abusing and said that they would return and show him as they were 'Hind Rakshak'. Thereafter at about 10:00 p.m., after dinner when they came out of restaurant, they saw those boys and two others on the Activa scooter and they abused them and addressed Afam and said 'Bauhat tez chalta hai, now they would just show him'. After saying so, they started beating by kicks and fists. On intervention by friends of Afam they were also abused and grappled with them. The injured Afam was beaten with kicks and fists and was lifted and thrown away. During the quarrel, injured Afam Qureshi fell down. On falling of Afam on the ground, the accused persons started beating him. When complainant and his friends tried to intervene the matter, they were also assaulted by the accused persons. After the incident, the accused persons fled away from the place of occurrence. The injured were taken to the hospital where they were treated.

(3.) IT is submitted by learned counsel for the applicants that as per medical report of injured Nakul he sustained injury which is simple in nature. In respect of injured Afam it is submitted that the medical report do not spell out any of the ingredients of the offence charged, so as to bring the offence of attempt to commit murder. It is further submitted that the assault on the injured was by kicks and fist blows and no deadly weapon was used, neither there was any intention to commit his murder nor the injury of Afam was dangerous to life, the learned trial Court erred in overlooking these facts and also failed to consider that the alleged incidence was a sudden quarrel and also an accidental one, without any motive, therefore, offence of 'attempt to murder' cannot be inferred. With the aforesaid submissions, it is submitted that no charge under Section 307 of IPC or 307/34 of IPC can be framed against them and prays for quashment of the said charge.