RAM SINGH Vs. STATE OF MP

JUDGEMENT

(1.) The petitioners have challenged the order dated 12.11.2018 passed by First Additional Sessions Judge, Sironj, District Vidisha in Sessions Trial No. 79/2018, whereby the application filed by the petitioners under Sections 227 and 228 of CrPC has been rejected and charges under Sections 294 , 323 or Section 323 read with Section 34 , 326 or Section 326 read with Section 34 and 506 (Part-II) of Indian Penal Code, were framed against the petitioners.

(2.) The facts leading to filing of the instant revision application are that on 5.11.2017 FIR was lodged by complainant Lekhraj alleging that in the evening at 5 pm on 5.11.2017, complainant, his brother Lakhan and mother Kripa Bai were working on their agricultural field, at that time the buffaloes of the complainant went inside the agricultural field of Ram Singh, on which Ram Singh, Rajesh and Mahendra Singh started hurling abuses and thereafter son of Ram Singh namely Vakeel and Sonu assaulted complainant Lekhraj by lathi and Ram Singh, Rajesh and Mahendra assaulted Lakhan, and Ram Singh, Vakeel and Sonu assaulted Kripa Bai. The police initially registered the case under Sections 323 , 506 , 34 of IPC and thereafter on radiological examination it was found that injured Lakhan sustained three fractures, therefore, after completion of investigation, charge sheet was filed against the petitioners for the offences punishable under Sections 294 , 323 , 506 , 34 read with Section 325 , 326 of IPC.

(3.) Learned counsel for the petitioners submitted that at the time of framing of charge the petitioners filed an application under Sections 227 , 228 of CrPC seeking discharge on the ground that since the injuries sustained by the victims are not caused by the weapon which is not used for shooting, cutting or stabbing, therefore, no offence under Section 326 is made out against the petitioners. The First Additional Sessions Judge on perusal of the material available on record found charges against the petitioners for commission of offences under Sections 294 , 323 or Section 323 read with Section 34 , 326 or Section 326 read with Section 34 and 506 (Part- II) of Indian Penal Code, and accordingly framed the charges.