SISUPALA DURIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioners pray to quash the order dated 2-4-2002 passed by learned S. D. J. M., Dharmagarh in G.R. Case No. 546 of 2001. By that order learned S.D.J.M. has taken cognizance of the offence punishable under Section 307/34, I.P.C. Petitioners as the accused persons have claimed for quashing of the proceeding on the ground of absence of a prima facie case for the said offence. It has also been stated in the application under Section 482 of the Code of Criminal Procedure, 1973 (in short, the Code) that G.R. Case No. 546 of 2001 is a counter case to G.R. Case No. 545 of 2001 initiated at the instance of the accused/petitioners. It has also been stated in the application under Section 482 of the Code that the allegation in the F.I.R. and the statements of the witnesses do not make out a prima facie case for the offence under Section 307, I.P.C.

(2.) The injured Manjit Duria though not a party to this proceeding, on 17-1-2003 entered appearance and filed an affidavit relating to amicable settlement of the dispute and accordingly stating to close the criminal proceeding.

(3.) It appears from the F.I.R. (Annexure-1) that there is allegation of attack and assault on the said injured on his head by use of weapon like Tangia and declaration made by the assailants, i.e., the petitioners to do away with him. Under such circumstance, the contention of the petitioners that the nature of the injury does not disclose a case under Section 307, I.P.C. is not to be considered at this stage in as much as it is the intention and not the gravity of the injury which shall determine if there was an attempt to murder.