Madhya Pradesh High Court
Jagmohan vs The State Of Madhya Pradesh Thr on 23 June, 2016
1
Cr.R.No.1250/2015
(Jagmohan & Ors. v. State of M.P.)
23.06.2016
Shri Sushil Goswami, counsel for the applicants.
Shri B.P.S. Chouhan, Public Prosecutor for the
respondent/State.
Heard the learned counsel for the parties.
The applicants have challenged the order dated
08.10.2015 passed by the Additional Sessions Judge,
Ganjbasoda, District Vidisha in S.T. No.41/2015
whereby the charge of offence under Section 308
read with Section 149 of IPC was framed against each
of the applicants along with other charges.
Facts of the case, in short are that the case was
committed to the Court of Sessions and the trial court has framed the charge of offence punishable under Section 308 of IPC in respect of victim Prakash. Offence under section 308 of IPC is exclusively triable by the Court of Sessions, whereas remaining charges are triable by the Court of Magistrate.
After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances, it appears that in MLC report the victim Prakash has sustained only two injuries, one lacerated wound on left parietal region and second abrasion on left knee. On radio-logical examination, no fracture was found to be caused below the head of the victim. No indication of brain hemorrhage was found or the injury was found fatal in nature. It is also not alleged against any of the applicants that they repeated any assault to the 2 Cr.R.No.1250/2015 (Jagmohan & Ors. v. State of M.P.) victim on vital part of the body in second time. Out of two injury only the single injury was caused on the head which was simple in nature, therefore, prima- facie, it cannot be said that the applicants have any intention to kill the victim. In absence of any fatal injury or intention of the applicants to kill the victim, no ingredient of offence under Section 300 of IPC is attracted and prima facie no provision under Section 308 of IPC is made out against any of the applicants either directly of with help of Section 149 of IPC.
On the basis of aforesaid discussion, the trial court has committed an error of law in framing the charge under section 308 read with Section 149 of IPC against all the applicants, hence, looking to the legal mistake, it is a good case in which the revision may be accepted.
Consequently, the revision filed by the applicants Jagmohan, Ramraj Singh, Bablu Singh, Samandar Singh, Paijan Singh, Jaswant Singh & Gopal is hereby allowed. The order dated 08.10.2015 passed by the Additional Sessions Judge in S.T.No.41/2015 is hereby set-aside. Each of the applicants has been discharged from the charge of Section 308 of IPC or Section 308 read with 149 of IPC. The trial court is directed to hear the parties again and thereafter to frame the charges accordingly. However, if required, the trial court may proceed under Section 228 of CrPC.
A copy of the order passed today be sent to the 3 Cr.R.No.1250/2015 (Jagmohan & Ors. v. State of M.P.) trial court for information and compliance. However, it is made clear that if the trial is over, till the disposal of the present revision then this order shall not create any effect to the result of the trial.
(N.K. Gupta) Judge (ra)