ANNAPURNA NATH Vs. STATE OF M.P

JUDGEMENT

(1.) This petition under Sec. 397/401 of Code of Criminal Procedure (for short 'the Code') is directed against order dated 28.07.2016 passed by 2nd Additional Sessions Judge, Indore in S.T. No.432/2016, whereby charge for offence under Sec. 307, in addition to charge for offences under Sec. 294 & 506 part-II of IPC, has been framed against the petitioner.

(2.) It is contended by learned counsel for the petitioner that the injuries alleged to have been caused to the victim are simple; there is no grievous hurt on any vital part of his body; the doctor has not opined that the injuries found on his person were sufficient in the ordinary course of nature to cause death, hence, it cannot be said that the accused had an intention to commit murder. It is urged that the incident, allegedly, occurred all of a sudden due to dispute over parking, therefore, in these circumstances the petitioner deserved to be discharged for offence under Sec. 307 'IPC'.

(3.) In support of his submissions the learned counsel for the petitioner has placed reliance on Balusingh & Ors. vs. State of M.P., 2015 Cr.L.R. (M.P.) 376, Keshav Sharma & Ors. vs. State of M.P., 2015 Cr.L.R. (M.P.) 716, Bhallu @ Balkishan Yadav & another vs. State of M.P., 2014(1) MPLJ (Cri.) 480, and Mohammad Shahid vs. State of M.P., 2014 Cr.L.R. (M.P.) 169.