PETITIONER Vs. STATE OF MADHYA PRADESH AND ORS.

JUDGEMENT

(1.) BY this criminal revision under section 397 read with section 401 of Cr.P.C. (in short "the Code") petitioner has challenged the order dated 6.12.2013 passed by the Additional Sessions Judge Karera, District Shivpuri in S.T. No.382/2013 whereby the charge of offence punishable under section 307 of Indian Penal Code (in short "the Penal Code") has been framed against the petitioner.

(2.) THE prosecution case, in short, is that a report was lodged by complainant at Police Station Narvar, District Shivpuri that on 1.9.2013 at about 5:30 PM his daughter -in -law asked to petitioner for shifting of toilet then on that point petitioner started abusing her and with an intention to kill her gave a Danda blow on the abdomen area of her and at that time she was pregnant. The other co -accused persons have also beaten to Kallu and Shamsher by means of knife and Danda. On this complaint, police lodged an FIR against the petitioner and other co -accused and charge -sheet was filed for the offences punishable under sections 307, 294, 323/34 of the Penal Code and the case was committed.

(3.) LEARNED counsel appearing for the petitioner submitted that there is no evidence available on record against the petitioner for framing of charge under section 307 of the Penal Code. He further submitted that even if all the allegations levelled against the petitioner are taken to be true even then no offence is made out under section 307 of the Penal Code. He also submitted that there is no injury which has allegedly been caused to Bhuri Bai which is fatal to the life. It is also submitted that as per the MLC report of injured Bhuri Bai no external injury has been found. On these grounds, learned counsel for the petitioner prays for setting aside the impugned order of framing of charge under section 307 of the Penal Code against the petitioner.