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Judgment
Fakhruddin, J.
This revision petition has been filed by the complainant challenging the order dated 8-11-2000, passed in S.T. No. 242/2000 whereby the non applicants 1 & 2 have been discharged of the offence punishable u/s 307 of IPC and instead charge u/s 324/34 of IPC has been framed.
According to the prosecution, while the applicant/complainant going on a bicycle from Pali Markadih, to Janjgir, near the Railway bridge the non applicants 1 & 2 met him on the way and non applicant No. 1 inflicted injuries on the neck, back, right hand, shoulder and on various other parts of his body with a tangia. On a report being lodged at police station Janjgir, offence u/s 307 of IPC was registered against the non applicants. The complainant/applicant was sent for medical examination and he remained admitted in hospital from 23-4-2000 to 9-5-2000.
Counsel for the State has produced the medical report. From the medical report it is clear that the injured/applicant has suffered the following injuries.
(1) Incised wound on right posterior aspect of neck measuring 7 1/2" x 2 1/2" x 2".
(2) Incised wound on the posterosuperior aspect of left shoulder measuring 1 1/2" x 1/2" x 1/2".
(3) Incised wound 2" x 1/4" x 1/4" obliquely placed on left mandible.
(4) Incised wound-one on the palmar aspect of distal phalanx of right index finger measuring 1.5 cm x 0.5 cm x 0.5 cm.
one on the palmar aspect of middle phalanx of right middle finger measuring 1.5 cm x 0.5 cm x 0.5 cm.
one on the palmar aspect of distal phalanx of right ring finger measuring 1.5 cm x 0.5 cm x 0.5 cm.
(5) Punctured wound below haematoma 5 cm x 5 cm on dorsum of left hand.
(6) Incised wound 1 cm x 0.5 cm x 0.5 cm on M/3 of right fore- arm.
A perusal of the First Information Report (FIR) goes to show that the weapon of offence, the manner in which it was used and the nature of the injuries sustained by the injured are sufficient for the purpose of framing the charge u/s 307 of IPC and the approach of the trial judge to the effect that there is no prima facie evidence for framing charge u/s 307 of IPC is wholly unjustified. By the impugned order the trial judge has taken the matter very casually. The Doctor is yet to be examined.
Having considered the facts and circumstances of the case and the material on record, this Court is of the opinion that there is prima facie sufficient material for framing charge u/s 307 of IPC against the accused and the Court below committed grave jurisdictional error in ignoring the same. The revision is allowed and the impugned order dated 8-11-2000 is set aside. The matter is remanded to Sessions Court to rehear the parties and frame proper charge/charges against the accused and proceed to try and decide the matter in accordance with law. Before parting, it is made clear that the observations made here- in-above are for the purposes of framing of charge only and the Court concerned shall decide the matter on its own merits in accordance with law.