Decided on April 21,2007

STATE Respondents


- (1.) The petitioners challenge an order on charge framed by the Additional Sessions Judge whereby they were charged of having committed offences under Sections 308/34 IPC.
(2.) The incident by which the complainant/ informant sustained injuries took place on 6th September, 2004 The informant, Dilip alleged that on 31.08.04, one Kamal Kishore who was riding a motor cycle, had some altercation with him on account of over-speeding. Again on 06.09.04, in the evening apparently there was again some altercation between the two. It was alleged that subsequently the informant was attacked by Rahul with an iron rod and other accused, with knife, long sticks (danda) etc. It was alleged that he fell down unconscious. During the course of investigation, an MLC was made by the Ram Manohar Lohia Hospital. It recorded a simple injury on the forehead of the petitioner. He was also subjected to an X-ray of the skull. The reports were negative; no fracture was found. The MLC also did not record any other injury on the person of the said Dilip, the informant.
(3.) Counsel for the petitioner urged that the trial Court fell into error in framing charge at all because even if the totality of the allegations were to be taken into account, the material contradictions in the evidence and statements of the witnesses about the incident as well as the nature of injuries, would prove fatal to the prosecution story and as a result the petitioners are entitled to be discharged. Counsel contended that in truth the complainant/informant had fallen down and there was no question of his having beaten up as alleged.;

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