SURESH CHANDRA Vs. MAGAN

JUDGEMENT

(1.) THIS revision is directed against the order dated 7.7.93 passed by the Third Additional Sessions Judge, Gwalior. It has arisen out of the following facts. An F.I.R. was lodged by the present applicant Suresh Chandra on 26.4.91 with the allegation that there was a dispute with respect to share in the house. The accused person, namely, Magan and his sons Pinki alias Neetesh and Banti alias Naveen threw cement flower pots on the petitioner Suresh Chandra and his son Rajeev from the First floor as a result of which Rajeev sustained injury. A case was registered u/s. 307/34 IPC against the accused persons. The case was committed sent to III Addl. Sessions Judge. The Third Additional Sessions Judge heard the parties and perused the record and through the impugned order held that no charge u/s 307 IPC could be framed on the material on record. The learned Court framed a charge u/s 325/34 and 323/34 IPC and the case was remanded to the C.J.M. Gwalior for further proceedings. Feeling aggrieved by this order the present revision has been preferred.

(2.) 1989 JLJ 310 (State of M.P. v. Ramdeen and others) and argued that in that case also this Court observed that various factors had to be seen in order to find out that the offence made out. But those factors can be seen while determining the guilt of the accused, of course at the end of the trial, when both the parties have had full opportunity to adduce evidence. At the stage of framing charge a Court may find that an injury inflicted by the accused may have ended the life. The learned counsel contended that a charge should have been framed u/s 307 and in case the Court comes to the conclusion that no conviction is possible u/s 307 the Court could convict the accused under appropriate section. At this stage a prima facie charge u/s 307 was made out inasmuch there was a fracture and brain material was coming out as is evident from medical report. 1981 (I) MPWN (39) (Rajaram v. Kadori).

(3.) PARTIES to appear before the trial Court on 21.4.94.