Madhya Pradesh High Court
Ram Singh vs The State Of Madhya Pradesh on 3 January, 2019
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
-( 1 )- MCRR No. 5920/2018
Ram Singh and others vs. State of MP
HIGH COURT OF MADHYA PRADESH
BENCH AT GWALIOR
SINGLE BENCH
BEFORE JUSTICE RAJEEV KUMAR SHRIVASTAVA
Cri. Revision No. 5920/2018
Ram Singh and others
....... Petitioners
Versus
State of Madhya Pradesh
....... Respondent
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Shri Sameer Kumar Shrivastava, Advocate for the
petitioner.
Shri Avnish Singh, Public Prosecutor for the
respondent/State.
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ORDER
(Passed on 3rd January, 2019) The petitioners have challenged the order dated 12.11.2018 passed by First Additional Sessions Judge, Sironj, District Vidisha in Sessions Trial No. 79/2018, whereby the application filed by the petitioners under Sections 227 and 228 of CrPC has been rejected and charges under Sections 294, 323 or Section 323 read with Section 34, 326 or Section 326 read with Section 34 and 506 (Part-II) of Indian Penal Code, were framed against the petitioners.
2. The facts leading to filing of the instant revision application are that on 5.11.2017 FIR was lodged by complainant Lekhraj alleging that in the evening at 5 pm on 5.11.2017, complainant, his brother Lakhan and mother Kripa Bai were working on their agricultural field, at that time the buffaloes of the complainant went inside -( 2 )- MCRR No. 5920/2018 Ram Singh and others vs. State of MP the agricultural field of Ram Singh, on which Ram Singh, Rajesh and Mahendra Singh started hurling abuses and thereafter son of Ram Singh namely Vakeel and Sonu assaulted complainant Lekhraj by lathi and Ram Singh, Rajesh and Mahendra assaulted Lakhan, and Ram Singh, Vakeel and Sonu assaulted Kripa Bai. The police initially registered the case under Sections 323, 506, 34 of IPC and thereafter on radiological examination it was found that injured Lakhan sustained three fractures, therefore, after completion of investigation, charge sheet was filed against the petitioners for the offences punishable under Sections 294, 323, 506, 34 read with Section 325, 326 of IPC.
3. Learned counsel for the petitioners submitted that at the time of framing of charge the petitioners filed an application under Sections 227, 228 of CrPC seeking discharge on the ground that since the injuries sustained by the victims are not caused by the weapon which is not used for shooting, cutting or stabbing, therefore, no offence under Section 326 is made out against the petitioners. The First Additional Sessions Judge on perusal of the material available on record found charges against the petitioners for commission of offences under Sections 294, 323 or Section 323 read with Section 34, 326 or Section 326 read with Section 34 and 506 (Part- II) of Indian Penal Code, and accordingly framed the charges.
4. Being aggrieved by the order of framing of charge under Section 326 of IPC the petitioners have filed the instant revision, on the ground that as per the FIR as -( 3 )- MCRR No. 5920/2018 Ram Singh and others vs. State of MP well as medical report, the alleged injuries are caused by hard and blunt object, i.e., lathi, no any sharp cutting weapon has been used, hence the charge framed under Section 326 of IPC is not made out. Therefore, it is prayed that the order framing charge for commission of the offences under Section 326 of IPC be set aside.
5. On the other hand, learned Public Prosecutor for the respondent/State supported the impugned order and submitted that looking to the injuries caused to the victims, the charges were rightly framed under Section 326 IPC.
6. I have considered the rival contentions of the parties and perused the documents available on record.
7. Injured Lakhan was examined by the doctor and as per MLC report, the following injuries were found on the person of Lakhan:-
(i) Lacerated wound, size 3cmx1/2cmxS.D. on left upper shin, bleeding, advised x- ray.
(ii) Lacerated wound 1cmx1/2cmxS.D. on right upper shin, bleeding, caused by hard and blunt object.
(iii) Lacerated wound 2cmx1/2cmxS.D. on 3 cm below injury no. (ii) caused by hard and blunt object, advised x-ray.
(iv) Multiple Contusions, 5 in number, size 3- 4 cm x 1-2 cm x reddish blue.
(v) Multiple Contusions, 6 in number size 4-5 cm x 1-2 cm x reddish blue.
(vi) Swelling on right hand and wrist, advised x-ray.
As per MLC report, injured Lakhan was referred for x-ray of certain injuries and as per x-ray report, three fractures were found on upper 1/3rd tibia, right radius lower 1/3rd and left humerus lower end.
-( 4 )- MCRR No. 5920/2018Ram Singh and others vs. State of MP
8. It is apparent from the record that in FIR it is mentioned that the incident took place on 5.11.2017 and the accused persons had beaten complainant Lekhraj by lathi and danda.
9. Section 326 of IPC runs as under:-
"326. Voluntarily causing grievous hurt by dangerous weapons or means--Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."
That means, any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, by using such instrument causing grievous hurt voluntarily, then the act is covered under Section 326 of the IPC.
10. It is very well established and apparent from the record that the alleged weapon used is lathi.
11. Section 320 of IPC defines grievous hurt, which -( 5 )- MCRR No. 5920/2018 Ram Singh and others vs. State of MP runs as under :-
"320. Grievous hurt.--The following kinds of hurt only are designated as "grievous":--
(First)-- Emasculation.
(Secondly)--Permanent privation of the sight of either eye.
(Thirdly)-- Permanent privation of the hearing of either ear, (Fourthly)- Privation of any member or joint. (Fifthly)-- Destruction or permanent impairing of the powers of any member or joint.
(Sixthly)-- Permanent disfiguration of the head or face.
(Seventhly)--Fracture or dislocation of a bone or tooth.
(Eighthly)--Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits."
12. Section 319 of IPC defines 'hurt', which means, whoever causes bodily pain, disease or infirmity to any person is said to cause hurt and Section 321 of IPC defines 'voluntarily causing hurt', that is, whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said "voluntarily to cause hurt". Section 322 of IPC defines "voluntarily causing grievous hurt", that is, whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said "voluntarily to cause grievous hurt".
13. On perusal of the medical report of the victim Lekhraj, it is apparent that the injuries are not caused by -( 6 )- MCRR No. 5920/2018 Ram Singh and others vs. State of MP the cutting object. It is well settled that 'lathi' is not a dangerous weapon. It is mentioned in the MLC of the injured Lekhraj that all the injuries are caused by hard and blunt object.
14. In view of the aforesaid discussion, it is established that no offence under Section 326 of IPC has been made out. Resultantly, the order dated 12.11.2018 passed by First Additional Sessions Judge, Sironj, District Vidisha in Sessions Trial No.79/2018 is hereby set aside so far as it relates to framing of charge under Section 326 of the IPC, and the case is remanded back to the trial Court concerned with a direction that the trial Court shall reassess and reframe the charges against the accused persons in accordance with law in the light of the aforesaid discussion.
This revision petition stands disposed of. A copy of the order be sent to the trial Court concerned for information and compliance.
(Rajeev Kumar Shrivastava)
(yog) Judge.
YOGESH VERMA
2019.01.04
11:14:24 +05'30'