KEDAR AND OTHERS Vs. STATE OF M.P.

JUDGEMENT

(1.) The present revision petition under Sec. 397 and 401 of Crimial P.C. has been preferred by the petitioners challenging the order dated 18/10/2016 passed by Second Additional Sessions Judge, Joura, District Morena in Session Trial No.2900200/2016 by which charges under Sections 302, 307, 325, 324, 323, 294, 506-B 147, 148, 149 of Penal Code have been framed against the present petitioners.

(2.) Learned counsel for the petitioners submits that charge against the petitioners in respect of Sec. 302 of Penal Code has been wrongly framed because from perusal of the charge-sheet and medical documents appended thereto charge under Sec. 302 of Penal Code could not have been framed. He relied upon the letter dated 12/02/2016 written by Assistant Professor, Forensic Medicine and Toxicology G.R. Medical College, Gwalior to Superintendent of Police, District-Morena, wherein Doctor Chandra Shekhar Wagmal has clarified the position that there is nothing to suggest that the pathology was developed due to head injury.

(3.) Similarly, as per Leave Against Medical Advise (LAMA) history of victim at Ganga Ram Hospital, diagnosis was tubercular mengiencephalities, sepsis, acute kidney injury. They did not find any irritative focus in MRI, Antitubercular Medicine was started and therefore, according to counsel for the petitioners the victim was already suffering from some decease and therefore, could not be fastened with the charge of Sec. 302 of IPC.