PAPPU Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioners are accused in Session Trial No. 239/98 before the 3rd Additional Sessions Judge, Hoshangabad. Charges u/s 307/34, 294 IPC have been framed against them. They caused injuries to Ganga Charan, Bhagwati Prasad and Motilal in pursuance of their common intention. One of them had used an axe and caused injury from the back side of its head on Ganga Charan and other injuries also. Another of them had used Ballam with its spear and third one used a lathi. Ganga Charan suffered three injuries including lacerated wound on the head which was simple in nature. The other injuries were also simple in nature although on the scapular region and ribs. Bhagwati suffered a fracture on phalanx of the left index finger by sharp -edged weapon and other injuries. Motilal's injuries were also simple. He had two bruises.

(2.) The grievance of the petitioner is that no injury shows attempt to murder and no witness has stated of any circumstance suggesting attempt to murder. It is not a case of causing injury either on the vital part of the body. The injuries were actually caused and were simple and one was grievous. It is argued that in these circumstances at worst against the accused the offence would be u/s 326 r/w 34 and 323 r/w 34 IPC. There is substance in this contention although the learned Sessions Judge rejected it. It is directed that the order framing charges u/s 307 IPC is set aside instead the charges to be framed would u/s 326 r/w 34, 323 r/w 34 and 294 IPC. The learned Sessions Judge will frame charges accordingly and remit the case for trial by Magistrate. A copy of this order be sent to learned Additional Sessions Judge. The revision petition is accordingly accepted.