RADHEY SHYAM Vs. STATE OF M.P.

JUDGEMENT

(1.) THE police has put up a challan against non -applicants 2 to 13 for an offence under sections 147, 148, 149, 307 and 325 of the Indian Penal Code. The Court has framed the charge under sections 147, 148, 324 and 325 of the Indian Penal Code. This revision is filed by one of the complainant challenging the order of the Court framing the charge only under section 325 of the Indian Penal Code along with other offences. According to the complainant the charge should have been framed under section 307 along with other offences. In short the prosecution case is that there was some dispute between Ramprasad and the accused persons regarding the right of way through the field belonging to Ram Prasad. On 5.7.1987 the accused persons tried to forcibly go through the fic1d belonging to Ram Prasad. Ram Swroop, Radhey Shyam and Vishnu are the sons of Ram Prasad, tried to stop the accused persons from using their field as a throughfare. On this the accused persons assaulted Ram Prasad, Ram Swaroop, Radhey Shyam and Vishnu. They were medically examined and were sent for X -ray. The Court has noted some of the injuries sustained by Ram Prasad, Ram Swaroop, Radhey Shyam and Vishnu and was of the opinion that no offence under section 307 of the Indian Penal Code is made out as on the basis of the doctor's opinion no definite conclusion could be arrived at that the offence punishable under section 307 of the Indian Penal Code was committed by the accused persons.

(2.) LEARNED counsel for the applicants has shown the individual medical reports of Ram Swaroop, Radhey Shyam, Ram Prasad and Vishnu marked as Annexure C, F, I, and L respectively and contended that some of the serious injuries caused on the head and other region have not at all been taken into consideration by the Court below. He has pointed out that Ram Swaroop sustained lacerated wound over left temporal region, lacerated wound over left parietal region bone deep, multiple contusions all over body seven in number. Radhey Shyam sustained injuries haematoma over right temporal region, lacerated wound on left eye brow, swelling and deformity on left forearm. Ram Prasad sustained injuries lacerated wound on parietal and occipita1 region bone deep, lacerated wound on parietal region and Vishnu lacerated wound on fronto parietal region, lacerated wound behind No. 1 on parietal occipital region and lacerated wound on the eye.