MADHAV SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioners preferred this revision under Section 397 read with Section 401 of Cr.P.C. assailing the order dated 03.05.2016, passed by 4th ASJ, Sagar, in S.T. No.92/2016, whereby charges have been framed for the offences punishable under Sections 148, 326/149, 323/149, 294, 506 Part-II of I.P.C. (against applicant No.1-Madhav) and offences under Section 147, 326/149, 294, 506 Part-II of I.P.C. (against applicants No. 2 to 7).

(2.) The main contention of the petitioners is, that as per the report victim Bhavsingh was attacked by 'axe' and he sustained grievous injury, but the medical report shows that Bhavsingh received injuries by hard and blunt object. The x-ray report of his hands shows fracture of left radius and ulna bone and right ulna bone. It is also claimed that these injuries of Bhavsingh has been caused by 'lathi' (wooden stick), as per the prosecution case. Hence, offence under Section 326 of I.P.C. is not made out.

(3.) Learned P.L. for respondent/State submits that the injuries received by Bhavsingh is grievous in nature and was caused by axe, which is a dangerous weapon/instrument.