ABHIMANYU BALIARSINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) INVOKING inherent jurisdiction of this Court under Section 482 Cr.P.C. the petitioners seek quashing of the order dated 28.10.2002 passed by the learned J.M.F.C., Pipili in G.R. Case No.117 of 2000. By the said order the Court below after perusing the materials available, took cognizance of the offences under Sections 341, 294, 323, 324, 506, 307/34 I.P.C. against the petitioners.

(2.) BEREFT of all unnecessary details, the facts alleged in the F.I.R. reveal that on 18.4.2000 at about 8 P.M. while the informant -opp.party No.2 was proceeding on road, the accused -petitiners being armed with deadly weapons restrained him and in course of such restraint, some of the accused -petitioners assaulted him by "Tada. It was also alleged that accused -Abhimanyu Baliarsing assaulted the informant on his head by means a sword as a result of which the informant fell down on the ground. Thereafter, some other accused persons assaulted him and when the informant escaped, accused Abhimanyu threatened him. On the basis of the said F.I.R., Delanga P.S. Case No.46 of 2000 was registered which was subsequently converted to G.R. Case No.117 of 2000. After completion of investigation, police submitted chargesheet against the petitioners and the learned Magistrate on receipt of the chargesheet took cognizance of the offences as stated above.

(3.) THE essence of the offence under Section 307 I.P.C. is an attempt to murder; even otherwise, the assault would be of such nature that if the same went unrestricted, would have resulted in the death of the injured. While taking cognizance of the offence under Section 307 I.P.C. what is important to find out is the intention of the assailant and the accompanying action in execution of the intention i.e. to commit murder. In order to satisfy the ingredients of the offence, the prosecution must establish that the intention of the accused was one of the three kinds mentioned in Section 300 I.P.C. The state of the mind of the accused has to be deduced from the surrounding circumstances. The motive of the assailant is also an important factor which needs to be taken into consideration while taking cognizance of the offence under Section 307 I.P.C.