SHRISH KUMAR MISHRA Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision under Sec. 397/401 of the Code of Criminal Procedure is directed against the order dated 12.7.2013 passed by the learned Sessions Judge, Singrauli in Sessions Trial No. 26/2013, by which the charges under Sections 294 and 307 of the Indian Penal Code and Sec. 25(1-B)(b) of the Arms Act, have been framed against applicant/accused.

(2.) As per the prosecution story, on 22.9.2012 at about 9:30 a.m. in Village Waidhan, complainant Chandrabushan Singh alias Raju Singh, while returning from Singrauli Railway Station stopped his car near the medical store of applicant/accused Shrish Kumar Mishra and went to a fruit juice shop. Meanwhile, the applicant came near the car and told Driver Satish to remove the car, which was parked in front of his medical shop, otherwise he would break the glasses of the car. Hearing this, the complainant came on the spot and tried to intervene into the matter. The applicant got angry and started abusing him, when complainant tried to interrupt him. Thereafter, applicant went to his shop and brought a knife and in order to kill the complainant stabbed him in his stomach and caused injury. The complainant was taken to nearby Waidhan Hospital, where he was medically examined and as his condition was not stable, he was referred to Nehru Hospital Jayant, where he was admitted. The report of the incident was lodged by the complainant on the same day at Police Station Waidhan. The police registered the offence against the applicant. The complainant was medically examined and after usual investigation, the charge-sheet was filed.

(3.) It is argued by the learned counsel for the applicant that complainant has not received any grievous injury, but his father is working as Senior Doctor in Waidhan Hospital, therefore, due to his influence the treating doctor in MLC report has described the injury of complainant as dangerous to life. This report is not reliable because subsequently in Nehru Hospital, Jayant, the treating doctor in his report was not able to describe the nature of injury whether it is grievous or not. Therefore, the MLC report of doctor of Waidhan Hospital becomes suspicious. The complainant was discharged from the hospital within one day. Therefore, the injury of complainant seems to be simple in nature. Prima facie there is no evidence on record, which shows that the applicant had caused injuries to complainant with intention to kill him.