Ram Jash vs State of U.P. and Another

Bala Krishna Narayana, J.—This application u/s 482, Code of Criminal Procedure has been filed by the applicant with a prayer to quash the order dated 2.8.2010, passed by Additional District Judge/F.T.C. Court No. 2 Bhadohi-Gyanpur in S.T. No. 103/ 2010, State v. Ramyash, under Sections 504 and 308, I.P.C. Police Station Suriyawan District Sant Ravidas Nagar Bhadohi, by which applicant''s discharge application has been rejected and charge under Sections 504 and 308, I.P.C. has been framed against the applicant.

The brief facts of the case as stated in the affidavit accompanying this application are that on the basis of the report, lodged by the opposite party No. 2 N.C.R. No. 12 of 2009 under Sections 323, 325 and 504, I.P.C. was registered at Police Station Suriyawan District Sant Ravidas Nagar, Bhadohi.

After the injury report of the injured Smt. Phool Devi was obtained the N.C.R. No. 12 of 2009 was converted under Sections 323, 325 and 504, I.P.C. at Crime No. 217 of 2009 Police Station Suriyawan District Bhadohi. Upon submission of supplementary injury report of injuries of Smt. Phool Devi, the Investigating Officer moved an application before the A.C.J.M., Bhadohi being Criminal Misc. Application No. 51 of 2009, with a prayer that Case Crime No. 217 of 2009 be converted under Sections 308, 325, 323 and 504, I.P.C. The said application was allowed by the A.C.J.M., Bhadohi by his order dated 25.3.2009 in pursuance whereof the Investigating Officer converted the case under Sections 308, 325, 323 and 504, I.P.C. The Investigating Officer after recording the statements of the prosecution witnesses u/s 161, Code of Criminal Procedure concluded the investigation and submitted charge-sheet against the applicant under Sections 504 and 308, I.P.C. The case was committed to the Court of Sessions and registered as Sessions Trial No. 103 of 2010 and transferred for disposal before the Additional Sessions Judge/F.T.C. Court No. 2, Bhadohi. The applicant moved an application for discharge on the ground that from the perusal of the allegations made in the F.I.R. the injury reports of Phool Devi and the statements of the witnesses recorded u/s 161, Code of Criminal Procedure no offence u/s 308, I.P.C. was made out and the charge-sheet has been wrongly submitted. The court below however rejected the discharge application and framed charge against the applicant under the aforementioned offence.

Learned Counsel for the applicant took me through the F.I.R. (Annexure 1) and the statements of the witnesses recorded u/s 161, Code of Criminal Procedure, copies whereof have been filed compositely as Annexure 3 to the affidavit accompanying this application.

I have also perused the copies of the injury report, X-ray report and the supplementary report of the injuries of the injured Smt. Phool Devi, copies whereof have been filed compositely as Annexure 2. The injury report although indicates three injuries namely a lacerated wound 3 cm. x 0.5 cm. bony deep on mid of frontal region fresh bleeding 2, lacerated wound 2 cm. x 1.5 cm. x bony deep on base noze fresh bleeding 3. lacerated wound 2.5 cm. x" 1 cm. x muscle deep on upper lip just below nose, the said injuries according to the opinion of the doctor were simple in nature.

As per the opinion of the doctor who submitted the supplementary injury report of injured Smt. Phool Devi the injury No. 1 received by Phool Devi was grievous. The X-ray report of the injured does not disclose any abnormality. None of the injuries are stated to be dangerous to life.

In view of the medical evidence and the materials which were before the Sessions Judge, while framing charge it is obvious that the Sessions Judge was justified in framing charge under Sections 323, 325 and 504, I.P.C. against the applicant but he was not at all justified in framing the charge for the offence u/s 308, I.P.C. Consequently, the impugned order framing the charge against the applicant cannot be sustained to the aforesaid extent.

This application u/s 482, Code of Criminal Procedure is allowed in part. The order dated 2.8.2010 passed by Additional District Judge/F.T.C. Court No. 2, Bhadohi-Gyanpur in S.T. No. 103/2010, State Ramyash, under Sections 323, 325, 504 and 308, I.P.C. Police Station Suriyawan District Sant Ravidas Nagar Bhadohi, is modified to the extent that the charge against the applicant u/s 308, I.P.C. is set aside and the learned Sessions Judge is directed to frame charge against the applicant under Sections 323, 325 and 504, I.P.C. and then transfer the case u/s 228(a), Code of Criminal Procedure to Chief Judicial Magistrate, Sant Ravidas Nagar, Bhadohi for trial of the applicant for the offence under Sections 323, 325 and 504, I.P.C.

The applicant is directed to appear before the Additional Sessions Judge, Fast Track Court No. 2, Sant Ravidas Nagar, Bhadohi, within two weeks from today.