MOHD. ARIF Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS revision petition under section 397/401 Criminal Procedure Code, has been preferred against the order dated 13 -12 -2004, passed by 3rd Additional Sessions Judge, (Fast Track Court), Khandwa, by which a direction for framing of charges under sections 148, 323/149 and 307/149 of Indian Penal Code (for short 'I.P.C.') has been given and in pursuance of that the charges were framed.

(2.) AS per prosecution case on 24 -6 -2003 at about 9.30 a.m. at Chhipa Colony, Khandwa where complainant Abdul Vasid with his brother Abdul Lateef and some other persons doing measurement of a plot for handing over the possession to other person at the same time present applicants belonging to Devbadi side and some other persons of the same locality arrived there and objected in regarding to the said measurement then said Lateef asked them that they do not intervene but still they become aggressor and saying so many things against the complainant and some other persons initially after giving some intimidation applicants started assaulting to complainant and other accompanied persons by sticks, whereby applicants have caused so many injuries to complainant and abovesaid accompanied persons. As alleged such assault was made with the intention to cause death. During this incident the said complainant and other persons have received injuries.

(3.) IN support of this revision petition counsel for applicants submitted that all the injured persons were medically examined and as per their medical reports whatsoever injuries have been found to them neither injury is said to be of grievous in nature nor any one is sufficient to cause death of any of the injured person. He further contended that on asking by the Investigating agency the concerning Doctor has opined that nature of injuries are simple, therefore, in any case, on the basis of charge -sheet, the offence under section 307, Indian Penal Code is not made out against any of the applicants.