Decided on March 14,2018

Inder Singh @ Indrabhan Appellant
The State of Madhya Pradesh Respondents


ASHOK KUMAR JOSHI,J. - (1.) This Criminal Revision has been preferred on behalf of the petitioners u/s. 397/401 of the Code of Criminal Procedure against order dated dated 18. 1.2018 passed by Fifth Additional Sessions Judge, Shivpuri in Session Trial No. 200/2017 whereby charges for offence punishable u/Ss. 148, 308 or 308/149 and 346 of the IPC have been framed against each petitioner as accused of relating trial.
(2.) The facts of the case in brief are that report regarding entry made at Sanha no. 3 of roznamcha dated 18.6.2017 was given for enquiry to SI Ramveer Singh Raghuvanshi of Police Station Badarwas, who in relating enquiry reached to Badarwas hospital, where injured Badal Singh s/o Preetam Singh Yadav aged 55 years, resident of Badarwas was found. The above mentioned Police Officer gave application for medial examination and on his application relating doctor gave opinion that injured Badal Singh is not in a fit condition to give any statement. Enquiry statement of Jandel Singh, who is brother of Badal Singh and others were taken on 19.6. 2017. The statement of injured Badal Singh was taken in surgical ward of District hospital Shivpuri, wherein he intimated that on 17.6. 2017 in the night of 10 pm a quarrel had occurred between him and present petitioners wherein his brother Jandel had intervened and thereafter he had slept in his khere, but in the same mid-night at 2 am after pressing his mouth, he was lifted by petitioners from his khere and by Jeep he was taken to the field of Ramveer, where Inder Singh assaulted him by Pharsa on his head. Chote alias Arvind struck by an axe over his left cheek. Lallu assaulted by axe on his back and Rakesh and Kamar Jeet assaulted him by tega and thereafter he was tied up by rope and he was dropped in a well. Thereafter, he became unconscious. The relating Doctor R.L. Pippal posted at CHC Badarwas prepared MLC report of injured Badal Singh, wherein he opined that patient's life is in danger. After enquiry FIR was registered in reference to offences punishable u/ss. 323, 324, 147, 148, and 346 of the IPC relating to Crime No. 140/2017 at Police Station Badarwas against all the six present petitioners. It appears that injured Badal Singh was advised for X-ray examination of his skull and back but according to X-ray report dated 18.6. 2017 of District Hospital Shivpuri, no any bony injury was found. A query letter dated 3.9. 2017 was sent by SHO of Police Station Badarwas to BMO of CHC Badarwas, who was replied by relating Doctor. During investigation, offence punishable u/s. 308 of the IPC was added and chargesheet was filed before relating JMFC, Badarwas against the petitioners in relation to offences punishable u/ss. 308, 147, 148, 323, 324 and 346 of the IPC . After committal of the case by the relating JMFC to the Sessions Court, vide order dated 18.1. 2018 passed in Session Trial No. 200/2017, the Fifth Additional Sessions Judge Shivpuri has framed charge for the offences punishable u/Ss. 148, 308 or 308/150 and 346 of the IPC against each petitioner/accused which is under challenge in this criminal revision.
(3.) Learned counsel for the applicants submits that the trial court has not considered the material available on record before framing charges against the petitioners as no charge for offence punishable u/Ss. 308 or 308/149 of the IPC was prima facie appearing against any accused/petitioner. It has been further argued that the same medical officer of Badarwas Hospital who recorded MLC of the injured Badal Singh on 18.6. 2017 has given written opinion in reply to the querry letter of the relating SHO dated 3.9.2017 that according to X-ray report of Badal Singh, no bony injury was found, hence all the injuries of Badal Singh were simple in nature. Placing reliance on the case of Ram Lal v. State of Rajasthan reported in (2016) 4 CriCC 535, it has been contended that as no bony (grievous) injury caused by any sharp cutting object was found on the body of Badal Singh, the trial court erred in framing charge u/s. 308 or 308/149 of the IPC as there was no sufficient evidence available in the charge-sheet to show the existence of essential ingredients of Sec. 308 of the IPC . Hence, it is prayed that framed charge u/s. 308 or 308/150 against each petitioner be set-aside and quashed and Criminal Revision be allowed.;

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