VEERESH Vs. STATE OF M.P

JUDGEMENT

(1.) THIS criminal revision assails the order dated 15.07.2013 passed in Sessions Trial No.298/2011 by learned Additional Sessions Judge, Gohad, District Bhind framing criminal charges against the petitioners under Sections 307, 307/34 and 294 of IPC r/w Ss. 25 (1) (B) and 27 of the Arms Act.

(2.) LEARNED counsel for petitioners assails the order of framing of charges solely on the ground that the offence of attempt to murder punishable under Section 307 of IPC is not made out even by reading of the allegations contained in the prosecution story.

(3.) A perusal of the FIR and the evidence collected by the prosecution in the chargesheet, which is placed on record, indicate that the petitioner no.1 alongwith petitioner no.2 is alleged with causing injury in the hand of the injured. The injury has been opined in MLC to be a lacerated wound on the left lower arm, where charring and blackening is present around the wound which is stated to be caused by gun shot although the X -ray report discloses no foreign body or fracture.