KAMRUDDIN MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS revision application has been filed against the order dated 29.5.2002 whereby the learned Additional Sessions Judge, Fast Track Court No. 2 passed the order impugned finding the case made out under section 307 of the Indian Penal Code as well.

(2.) THE learned counsel for the petitioners, at the very outset, submitted that there is allegation against petitioner no. 1 for causing sword blow but the doctor examined the injured and did not find sharp cut injury and, as such, the whole allegation regarding causing sword blow becomes falsified as well as there is no repetition of blow and, as such the offence under section 307 of the Indian Penal Code is not made out.

(3.) FROM going through the order impugned, it appears that the Medical Officer found one lacerated wound measuring 1 inch x 1/2 inch x 1/4 inch with blood over 1iddle parietal area of Skull of injured Lilo Mandal. Apparently Skull is a vital part of the body and even a single blow on the skull can be fatal.