SUNIL & OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) This revision is directed against the order passed by Learned Sessions Judge, Devas in Session Trial No.98/2016 dated 13.05.2016, whereby the Learned Sessions Judge framed charges under Sections 307/34, 326/34, 323/34, 294, 506(part-2) IPC, against applicant No.2 to 5 under Section 25(1-b)(B) of Arms Act.

(2.) According to the prosecution story the incident took place on 30.11.2015 at about 8:20 PM due to some old enmity. Some altercation took place between the complainant Sanju Kahar and Sunil Rathore. Thereafter, accused Sunil Rathore came there armed with lathi and accused Amit, Sumit and Babli armed with swords. Sumit gave a blow by sword on the head of brother of the complainant Rakesh. Amit gave blow by sword on left hand of Rakesh and Sunil gave blow by lathi on head of Rakesh. When the complainant tried to intervene, Sunil gave him blow by sword. His wife, Sikandar Khan and Salman Khan, also tried to intervene and they were all beaten and sustained various injuries.

(3.) This revision is filed mainly against the charges framed under Section 307 IPC. According to the learned counsel for the applicants all the injuries were either simple or grievous in nature. None of the injury was dangerous to life. In the opinion expressed by the medical officers Rakesh Kahar, Sanjay Kahar and Salman Khan sustained injuries, which were grievous in nature in respect of injury suffered by Sikandar Khan. It was opined that in case proper treatment had not been given to injured Sikandar Khan, the injury might have been dangerous to life.. After we go through the injuries suffered by Salman Khan, the injury was lacerated wound over left arm. Tendon of the arm and artery and nerve were also cut. He was advised to undergo some operation and after the operation the injuries were properly treated.