KALYAN SINGH Vs. STATE OF MP

JUDGEMENT

(1.) The Present applicant is aggrieved by the order dated 3.3.2017 passed by Vth Additional Sessions Judge, Bhind in Sessions Trial No. 41/2016, whereby the court below has framed the charge against the applicant for commission of the offence punishable under Section 326 of Indian Penal Code.

(2.) The facts which have led to filing of the present case are that complainant Ramsingh lent Rs.1000/- to the applicant. On 9.12.2016 at about 3.30 pm, complainant demanded his money which was borrowed by the applicant, then the applicant abused him and assaulted by the wooden handle attached to the axe, who sustained injury on wrist of left hand. His son Ummed Singh came to save him then the applicant/accused gave blow by axe on the left ear of Ummed Singh, by which Ummed Singh sustained injury and blood started oozing. When Raj Kumar came to save Ramsingh then the applicant gave him blow by wooden handle of the axe on the elbow of his left hand. After that, Suresh and Chatur Singh came on spot and saved the complainant. The incident was reported to the police and FIR bearing Crime No.107/2016 was registered for commission of offence punishable under Sections 294, 323, 324, 506 Part-II of IPC. The injured persons were referred for medical examination about the injuries sustained by them, which was conducted on the same day and as per examination of the doctor, the injury sustained by the injured Kalyan Singh is grievous in nature. On the basis of this report, the police added Section 326 of IPC against the applicant and after completion of investigation, charge sheet was filed against the present applicant.

(3.) The trial Court recorded statements of the witnesses and framed charges against the present applicant for the commission of offence punishable under Sections 294, 323 (two counts), 326 and 506 Part-II of IPC. Feeling aggrieved by the charge framed under Section 326 of IPC, the instant revision has been filed.