KHAJJANSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been preferred against an order passed by the Additional Sessions Judge, Vidisha in Sessions Trial No. 195 of 1995. This is dated 2nd of December, 1995. A charge under S. 307 read with S. 149 of the Indian Penal Code (for short IPC) stands framed against the petitioners. This order is being impugned in the present petition. Accused Khajjansingh and Sanmansingh are alleged to given a lathi blow, Ramkishore is said to have given a sword blow and Kalyansingh is also said to have given a lathi blow.

(2.) The argument advanced by the learned counsel for the petitioners is that this is not a fit case for framing a charge under S. 307 of the IPC. According to him, the nature of the injuries should be examined at this stage and if these are not of such a nature which is likely to cause death then charge under S. 307 of the IPC should not have been framed.

(3.) Injury No. 1 on the person of one of the injured, Iqbal be noticed. It is as under :