HALKOI @ HALKAIPATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) AS prayed by the learned counsel for the parties, heard them finally.

(2.) THE applicants have challenged the order dated 23.12.2013 passed by the learned Second Additional Sessions Judge, Chhatarpur in S.T. No. 351/2013, whereby the charges for offence under Section 326 or 326/34 of IPC were framed against the applicants alongwith other charges.

(3.) AFTER considering the statements made by the learned counsel for the parties, it would be apparent that the doctor who recorded the MLC of the victim Deependra did not mention any reason as to how the injury was found grievous in nature. If any injury is to be called grievous injury then, it should fall within the purview of Section 320 of IPC. It is no where mentioned that the single incised wound caused to the victim Deependra was fatal in nature. The victim was admitted in the hospital for 5 days but, looking to the Bed Head Ticket, no surgery was done to the victim. It was not mentioned by the doctor that injury was caused on the vital part of the body of the victim and therefore, it cannot be said that injury caused to the victim was fatal in nature. Under such circumstances, injury of the victim Deependra does not fall within the purview of Section 320 (Part -8) of IPC and also it does not fall within the purview of Section 320 of IPC. Hence, it cannot be said that injury caused to the victim Deependra was grave.