MATHOULA AND ANOTHER Vs. LAXMI @ LACHHIYA

JUDGEMENT

(1.) This criminal revision filed on behalf of applicants/accused persons Mathoula and Laxmi @ Lachhiya is directed against the order dated 09-04-2014 passed by the Court of Sessions Judge, Chhatarpur in Sessions Trial No.75/2014; whereby a charge under section 326 and 506-B has been framed against applicant Laxmi @ Lachhiya and a charge under section 326 read with section 34 and 506 (Part II) of the Indian Penal Code has been framed against applicant Mathoula.

(2.) The charge has been assailed on the sole ground that the victim did not receive any injury on a vital part of his body.

(3.) Applicant/Accused Laxmi @ Lachhiya has been alleged to have caused an injury to the left hand of victim Anand Kumar by an axe. In medical report, an incised wound was found on the left palm of the victim. In X-ray examination, a fracture was detected in the thumb of his left hand. Thus, prima facie it is clear that a grievous injury was caused to the victim by means of a sharp cutting object. Thus, prima facie ingredients of section 326 of the Indian Penal Code are made out. It is not necessary to constitute offence under section 326 of the Indian Penal Code that an injury to a vital part of the body must be caused. In aforesaid circumstances, learned trial Court has committed no illegality, irregularity or impropriety in framing the charge.