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Allahabad High Court · body

1973 DIGILAW 223 (ALL)

Ram Murat v. State

1973-05-02

H.L.CAPOOR

body1973
ORDER H.L. Capoor, J. - Ram Murat Bhagwan Daya, Parshottam, Sheo Prasad and Ajor have preferred this application in revision against the order, dated 25-1-1971, of Sri M.G. Godbole, II Temp. Civil and Sessions Judge, Jaunpur, allowing the revision and directing the learned Magistrate to commit the Applicants u/s 307 IPC and Section 307 read with Section 149 IPC to the court of sessions. 2. Udai Bhan Singh complainant filed a complaint Under Sections 395 and 307 IPC against the present accused-Applicants on the allegations that he was a witness in a case of decoity against the accused persons, that they asked him not to give evidence in the case, but he refused, that the accused hence began to bear grudge against him, that on 4-5-1969, at about 3 o'olook in the afternoon while the complainant was going to Shahganj from his house and passed from in front of that house of Ram Murat, one of the accused Applicants, he saw all the accused sitting there, that on an exhortation being given by Ram Murat to his companions to kill the complainant, Bhagwan Daya was said to have plied his lathi on the head of the complainant, that the blow was, however, warded off by his right hand with the result that the injury could not be caused on the head, that the other accused Applicants also be laboured him with lathis, that Bhagwan Daya accused was said to have taken out a sum of Rs. 135/- from the pocket of the complainant and that a prayer was accordingly made that charges Under Sections 395 and 307 IPC be framed against the accused Applicants. 3. The learned Magistrate was, however, of the view that from the fact and circumstances of the case, an offence could be said to have been made out only u/s 325 read with Section 149 IPC and Section 147 IPC. He accordingly framed charges under these sections against the Applicants. 4. On an application in revision being preferred by the complainant Udai Bhan Singh, the learned Temp. Civil and Sessions judge seemed to be of the view that the charges u/s 307 read with Section 149 IPC and Section 307 IPC should have been framed. He accordingly framed charges under these sections against the Applicants. 4. On an application in revision being preferred by the complainant Udai Bhan Singh, the learned Temp. Civil and Sessions judge seemed to be of the view that the charges u/s 307 read with Section 149 IPC and Section 307 IPC should have been framed. He accordingly allowed the revision and after setting aside the charges as framed the learned Magistrate, directed him to commit the Applicants u/s 307 IPC and Section 307 read with Section 149 IPC. 5. From the nature pf the injuries found on the person of the injured and from the facts as given above, it is obvious that a charge could prima facie be framed only u/s 385 reap with Section 149 IPC and Section 147 IPC and also u/s 379 IPC against Bhagwan Daya accused and notice u/s 307 read with Section 149 IPC, because the intention of the accused Applicants could be gathered only from the injury caused and pot from the nature of the injury which, might have been caused. When the blow in the head was warded off by the right hand, the injury caused was only grievous injury on the right hand and hence the offence prima facie could be only u/s 325 IPC. Even if it be assumed that the injury might have been inflicted on the head, it could not be known as to whither the injury inflicted would have been only a simple injury or a dangerous injury. In case the injury inflected on the head would have been only a simple injury, no charge u/s 307 IPC could at all be framed till it was found to be a dangerous one. No injury in this case being found by the doctor to be a dangerous one or on a vital part, no question of the charge being framed u/s 307 IPC could have arisen and tie view taken by the learned Civil and Sessions Judge was obviously wrong. 6. In the result, the application in revision is allowed, the order of the learned Sessions Judge for framing the charge u/s 307 IPC read with Section 148 IPC is (sic) aside and the order of the learned Magisterial framing the charges u/s 147 IPC and Section 325 read with Section 148 IPC is restored. 6. In the result, the application in revision is allowed, the order of the learned Sessions Judge for framing the charge u/s 307 IPC read with Section 148 IPC is (sic) aside and the order of the learned Magisterial framing the charges u/s 147 IPC and Section 325 read with Section 148 IPC is restored. It is further ordered that the leaped Magistrate shall frame a charge u/s 379 IPC against Bhagwan Daya accused Applicant also.