RAM SNEHI Vs. STATE OF M.P.

JUDGEMENT

(1.) IN this revision, the petitioner -complainant, has challenged the order of the First Additional Judge to the Court of District and Sessions Judge, Bhind, thereby the case against respondents 2 and 3 has been sent back to the Court of Magistrate First Class under sections 228 and 229 of Cr.P.C. instead of it being tried by the Court of Sessions for an offence under section 307/34 I.P.C.

(2.) THE challan was filed by the police against respondents 2 and 3 under section 307/34 IP.C. and the other co -accused -respondent No. 3 Bade Lal being a juvenile was challaned before the Juvenile Court under section 307 IP.C. The learned Magistrate on finding that the case was exclusively triable by the Court of Sessions, the learned Court below though found that the allegations and the material available in the challan papers, it was possible to say that the other co -accused Bade Lal was responsible prima facie for an offence under section 307 IP.C., but the respondents 2 and 3 could not be associated with the commission of an offence under section 307 IP.C. and as respondent Ramnath had also assaulted the injured, the two respondents could be proceeded against under sections 323 and 323/34 IP.C. respectively. With the above observations, the case has been sent back to the learned Magistrate for proceeding against the accused respondents in accordance with law.

(3.) THE learned Court below itself held that prima facie the commission of offence could be gathered as against the juvenile -accused Bade Lal. Admittedly, Bade Lal, respondent No.4 and, respondents 2 and 3 had come together and had assaulted the injured. According to the prosecution, they had shared the common intention of causing such bodily injury due to which, if the injured had died, they would have been responsible for an offence under section 302 IP.C. In the circumstances, it was not open to the Court below to assess the material available against the accused persons for arriving at a conclusion that they did not share the common intention. The injured was assaulted by means of an axe and for facilitating the causing of injury by Bade Lal, respondent No.3 Pappu, caught hold of the injured and thereafter juvenile -accused Bade Lal assaulted him on his head. Respondent No.2 Ramnath assaulted the injured by means of a lathi which fell on his scapula.