STATE OF MADHYA PRADESH Vs. RAMDEEN AND

JUDGEMENT

(1.) Police Station, Civil Lines, Morena, filed a challan against the accused/ non-applicants complaining of the commission of the offences punishable u/Ss.323, 324,307/149,147 and 148 of the Indian Penal Code. The case was committed to the Court of Session, which on hearing the parties on question of framing the charges, held, that a case triable by the Court of Session was not made out and directed the case to be transferred for trial to the Chief Judicial Magistrate, Morena, u/S. 228(1)(a) of the Code of Criminal Procedure. The State has come up in revision.

(2.) According to the FIR, the parties had frequent disputes between them, though over petty matters. At the time of incident, the six accused non-applicants opened a simultaneous attack, armed with different weapons and injuring at least six on the side of the complainant. Of these, Mahesh s / o Radhakishan sustained four injuries, of which one is an incised wound on right parietal region. The injury was bleeding at the time of medico-legal examination and X-ray was advised for determining the nature of the injury. On X-ray, fracture of the skull bone was detected. The authorship of this injury is attributed in the FIR to the accused Prakash.

(3.) Similarly Bishambhar sustained five injuries including those above the left eye brow, on the pinna on left side, over nose-bridge with bleeding from nostrils, and on the left check. As to the bleeding injury over the nose-bridge, X-ray was advised and he too was found to have sustained a fracture over left temproparietal region. Bishambhardayal was hospitalised. The condition, as reported by the P.S.O. (Neuro-surgery) of G. B. Medical College, Gwalior, was that Bishambhardayal was unable to speak and the injury sustained by him could be dangerous to life.