RAMESH PRASAD Vs. STATE OF M.P.

JUDGEMENT

(1.) WITH the consent of both the parties, matter is finally heard. By invoking the revisional jurisdiction of this Court, petitioners have preferred this petition under Section 397 read with Section 401 of Code of Criminal Procedure, 1973 (in short 'the Code') seeking discharge of petitioners for the offence under Section 308 of IPC. Learned counsel for the petitioners submitted that by the impugned order dated 09 -10 -2013 passed by learned trial Court, the charge under Section 308 of IPC has been framed against the petitioners apart from other charges. If the entire case of prosecution is taken in its totality even then looking to the medical report, no case is made out against the petitioners for the offence punishable under section 308 of IPC.

(2.) PRAYER of discharge from the offence under Section 308 of IPC made by learned counsel for the petitioners, is opposed by learned Public Prosecutor and submitted that there is sufficient ingredients for framing the charge under Section 308 of IPC against the petitioners. She has further submitted that meticulous examination of evidence cannot be done by this Court at the revisional stage.

(3.) IT be noted that for the purpose of framing of charge under Section 308 of IPC, it must be proved that: