KU DISHA MESHRAM Vs. PRATEEK

JUDGEMENT

(1.) Heard on the question of admission. By this Criminal Revision under Section 397 /401 of Cr.P.C. the applicant has challenged the order dated 10.7.2013 passed by the learned Special Judge under SC/ST (Prevention of Atrocities) Act, Seoni in Special Case No. 32/2013 whereby charges of offence under Sections 341 /34 (2 counts), 326 /34 and 326 /120-B(1) of IPC were framed against the respondents No. 1 and 2. Also charge of offence under Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 was framed against the respondent No. 1 Prateek. However, the respondents No. 1 and 2 were discharged from the charges of offence under Sections 307 and 354-D of IPC.

(2.) The prosecution case, in short, is that on 18.2.2013 when the prosecutrix was going on her moped in the jurisdiction of Police Station Kotwali, Seoni the respondents No. 1 and 2 stopped her and respondent No. 1 Prateek assaulted her by a knife at seven various places. The case was registered and thereafter committed to the Special Court.

(3.) After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, it would be apparent that the doctor, who examined the prosecutrix had mentioned in the MLC report that all the seven injuries were simple in nature. There was no cumulative effect of those injuries to be fatal or grave. No disfiguration was found. It is true that the respondent No. 1 Prateek assaulted the victim for seven times, however looking to forceless assault, his intention cannot be presumed that he intended to kill the prosecutrix. Under such circumstances, neither the injuries of the prosecutrix were fatal in nature nor the respondents No. 1 and 2 intended to kill her. Under such circumstances, no offence under Section 307 of IPC is made out against the respondents No. 1 and 2. The learned Special Judge has rightly discharged the respondents No. 1 and 2 from that charge.