CHUNNI LAL Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicants have filed this revision challenging the order dated 07.03.2017 passed by Sessions Judge, Umariya in Sessions Trial No. 08/2017, by which charges under Section 307 read with 34 of Indian Penal Code has been framed against the applicants.

(2.) As per prosecution story on 25.10.2016, at about 10.00 am when the applicants went to shop of the complainant and taken Bidi at that time grand son of the complainant demanded money then the applicants abused him and assaulted the complainant with axes and lathi. Criminal Revision. No. 965/2017 The complainant therefore lodged FIR against the applicants under Section 307/34 of the IPC. After investigation challan has been filed before the competent Court. During trial, the trial Court has framed charges against the applicants under Section 307/34 of the IPC on 07.03.2017. Being aggrieved by the aforesaid order, the applicants have filed the present revision.

(3.) Learned counsel for the applicants submits that the trial Court has committed an error in framing a charge under Section 307 of the IPC against the applicants. It is further submitted that no grievous injuries have been sustained by the complainant. The complainant has sustained simple injury and was admitted in hospital from 25.10.2016 to 28.10.2016 and thus, no case under Section 307 of the IPC is made out against the applicants. In support of his submissions, learned counsel for the applicants has relied on the decisions passed by this Court in the case of Nawab Khan v. State of Madhya Pradesh and Others Criminal Revision No. 965/2017 [2015 (1) MPWN 115=2015 (2) M.P.H.T. 159], and Brahmanand @ Brahmajeet Singh v. State of Madhya Pradesh, [2013 (III) MPWN 212].