RAJA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 27-12-2004 passed by Third Additional Sessions Judge, Hoshangabad in S. T. No. 281/04 whereby the direction for framing the charges against applicants No. 1, 3 and 4 under Section 452,307/34 and 323/34 of IPC and against applicant No. 2 under sections 452,307 and 323 of IPC has been given and in pursuance of this order the above said charges are framed against them.

(2.) THE prosecution story in brief is that on 16-5-2004 at about 7. 30 p. m. when complainant Hari Singh Yadav, his mother Ramwati, Father ramsingh and other family members were at their residence at Chandrapur, p. S. Hoshangabad, at the same time present applicants along with axe came there and by using filthy language and abusing them abruptly entered in the home of the complainant and started to destroy house hold goods and in continuation of it complainant Ramsingh was attacked by axe on his head by applicant Raja, due to this injury bleeding was started and other applicants had also beaten to the complainant Ramsingh and his family members by feet and feast and as per FIR complainant and his father were attacked with the intention to cause death, not only he got injuries but other family members had also got some injuries. Incident was reported to police, who registering offence and injured persons were sent to Hospital where they medically examined and as per MLC report one injury was found over the head of Ramsingh which is vital part of the body. As alleged this injury was caused by axe and further fracture in the ribs towards left side of Ramsingh was also found. Besides these injuries some other injuries was also found on his body. Apart from this, his other family members were also medically examined and injuries were found on them. By holding investigation charge-sheet was submitted and after considering the circumstances on challani papers the above said charges are framed. Hence this revision.

(3.) COUNSEL of the applicant submitted that as per contention made in the FIR and the MLC report no ingredients of offence under Section 307 of ipc are made out. As per his submission in the MLC report only one simple injury was found on the head of complainant Ramsingh and fracture was found in the ribs and other injuries of Ramsingh and other persons are simple in nature, and therefore, the offence of Section 325 or 323 of IPC is/are made out and the same is triable by the Judicial Magistrate and not by the Sessions Court. In support of this contention he placed reliance in a reported case 2000 (1)MPWN 116 (Shiv Narayan Vs. State of M. P.), but this cited case does not give any strength to the applicant because the said case was decided after recording the evidence and concluded the trial, which is not the position in the case at hand. His further reliance was 1999 (11) MPWN 131 (Pappu Vs. State of M. P.), in which the charge was converted from Sections 307 to 326 of IPC but in that case the intention and circumstances were not suggesting attempt to murder of concerning complainant, and therefore, facts and circumstances of this reported case does not give any benefit to the applicants.