LAWS(MPH)-2019-5-181

SURENDRA Vs. STATE OF MADHYA PRADESH

Decided On May 13, 2019
SURENDRA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The present appeal (under the SC/ST Act) has been preferred against the impugned order framing charges against the petitioners herein, dated 4.4.2018, passed by the learned Special Judge (Atrocities), Narsinghpur, in Special Case No.19/2018 inter-alia framing charge against the appellants for an offence under section 307 read with section 149 IPC. The appellants have only challenged the order on account of being charged for the offence under section 307 IPC.

(2.) Learned counsel for the appellants, in support of his contention, has first of all read out from the FIR which reflects that the incident occurred on the spur of moment when the appellants had gone to the field of the complainant and attacked him with lathis causing two injuries on the head.

(3.) Learned counsel for the appellants thereafter has drawn the attention of this court to the injury report of the complainant which shows that the complainant had suffered two lacerated injuries on the head (scalp). The CT report of the complainant does not reveal any fracture and the findings are normal.