MUNNA @ GOVIND PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure has been filed assailing the order dtd. 7/4/2016 passed by second Additional Sessions Judge, Khurai, district-Sagar whereby charges have been framed against the petitioner for offences punishable under Ss. 307, 294, 506-II and 341 of the Indian Penal Code.

(2.) As per the prosecution story, the injured Vikram Singh was going in his motorcycle towards his house, the accused Munna Rawat and his wife Smt. Pushpa Bai abused him. Pushpa Bai gave lathi blow on his back and the petitioner Munna with a view to kill Vikram Singh inflicted injury by axe on the head of Vikaram Singh. Vikram Singh fell from the motorcycle and tried to run towards the house of Dudhai and fell down and became unconscious. The accused went after him and inflicted injuries at the door of house of Dudhai. Pushpendra intervened and thereafter accused petitioner Munna left the place.

(3.) On behalf of the petitioner it is strenuously argued that offence under Sec. 307 is not made out for the reason that injuries are simple in nature and X-ray report does not show any bony injury and, therefore, prayed for setting aside the order impugned and discharge of the applicant for offence under Sec. 307 of the Indian Panel Code.