SANU ALIAS IMRAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision petition is directed under Section 397/401 of Criminal Procedure Code (in brief "the Code") by the present applicants against the order dated 12-10-04 passed by Additional Sessions Judge, Harda in S. T. No. 273/04 whereby direction for framing the charges under Section 307/149 of Indian Penal Code has been given and in pursuance of the same the charges are framed against the present applicants.

(2.) PROSECUTION case in brief is that on 25-6-2003 at about 10. 30 in the morning when the complainant Ms. Nandini was at her residence alongwith her father Ramdas Sharma at the same time applicants came there with common intention to cause death of the complainant and her father and by saying that they will end of the life of the complainant and her father assaulted them by hard and sharp object "chhuri" and also by sticks whereby the complainant and her father have received so many injuries, then incident was reported immediately to Police, Harda at about 11. 00 a. m. where a Crime No. 242/03 was registered and charge-sheet was filed after holding investigation against the applicants. Both the injured complainants were examined by the doctor who prepared the M. L. C. also. On committal of the case, above said charges were framed against the applicants by the Trial Court. Hence, this revision.

(3.) COUNSEL of the appellant submitted that if the papers of charge-sheet are evaluated at the initial stage of charges then ingredients of the offence under Section 307 of IPC are not made out. He supported his contention on the basis of M. L. C. report of said complainant and Ramdas and also referred the reply of Doctor regarding queries made by the Investigating Officer in which it was stated that no injury was found on the body of complainant and her father which was sufficient to cause death in the ordinary course of the nature and, in view of this, charges of Section 307 of IPC is liable to be struck down by converting the section of the IPC triable by the Judicial Magistrate only.