Prabhu Dayal and Another vs State of Madhya Pradesh

Shantanu Kemkar, J.

By this revision the applicants are assailing the order dated 16-6-2003 passed in Sessions Trial No. 147/2003 by IIIrd Additional Sessions Judge, Sagar, whereby charges under Sections 307, 323/34 of the Indian Penal Code have been framed against them.

According to the prosecution case on 23-1-2003 at about 11.00 A.M. while Ajendrasingh and Awadhesh were returning in their tractor, the applicants objected Awadhesh from taking his tractor from the ''med'' of their field. This led to a quarrel between them during which applicant No. 1 Prabhu with intention to cause the death of Awadhesh, gave three axe blows to him and applicant No. 2 Dharamchand caused an injury from the blunt side of axe to Ajendra. When Ajendra managed to snatch the axe from Dharamchand he assaulted him with a lathi. Awadhesh received two incised wounds, one near his right eye and other on his left check which have been reported to be grievous.

After going through the challan papers particularly the statements of Hanumal, Satish, Pappu, Ajendra and Rattu, I am of the considered opinion that there is ample evidence on record for framing a charge u/s 307 of the Indian Penal Code against applicant No. 1 Prabhu. However, from the challan papers I find that there is no material on record for framing a charge u/s 307 of the Indian Penal Code against applicant No. 2 Dharamchand as the injuries caused by him to Ajendra from the blunt side of axe and by lathi are reported to be simple in nature. Thus, the Trial Court has committed apparent error in framing charge u/s 307 of the Indian Penal Code against applicant No. 2 Dharamchand. Therefore, this revision is partly allowed and the charge framed u/s 307 of the Indian Penal Code against applicant No. 2 Dharamchand is set aside. The charge framed against applicant No. 2 Dharamchand u/s 323 of Indian Penal Code shall remain as it is.