BALLU Vs. STATE OF M.P.

JUDGEMENT

(1.) THE accused applicants (two in number) are charged under section 307 read with section 34 of the Indian Penal Code and are facing trial. According to the prosecution on 11.9.1990 at about 12.50 hours in the night, when Ballu Raj Kumar Tiwari, the complainant, with one Raju Agarwal was going towards his residence, he was attacked by the applicants near Pan Dariba by means of sword and knife. The applicant No. 1 Ballu assaulted the complainant by sword and caused injury on the leg and also received injury to his left palm, middle finger and right finger. At the same time petitioner No. 2 Sanjiv alias Sanjay assaulted the complainant by knife and caused petitioner No. 1 assaulted the complainant and caused incised wound to the right side of the chest. On medical examination the doctor has opined that the injuries caused are simple in nature. On the basis of the medical evidence it is argued by the counsel for the applicants that there was neither an intention nor knowledge to cause death of the complainant and, therefore, the charge under section 307 of the Indian Penal Code should not have been framed.