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Madhya Pradesh High Court · body

2016 DIGILAW 677 (MP)

Madhav Singh v. State of M. P.

2016-08-09

S.K.PALO

body2016
ORDER 1. The petitioners preferred this revision under section 397 read with section 401 of CrPC assailing the order dated 3.5.2016, passed by 4th ASJ, Sagar, in S.T. No.92/2016, whereby charges have been framed for the offences punishable under sections 148, 326/149, 323/149, 294, 506 Part-II of IPC (against applicant No.1-Madhav) and offences under sections 147, 326/149, 294, 506 Part-II of IPC (against applicants No.2 to 7). 2. The main contention of the petitioners is, that as per the report victim Bhavsingh was attacked by 'axe' and he sustained grievous injury, but the medical report shows that Bhavsingh received injuries by hard and blunt object. The x-ray report of his hands shows fracture of left radius and ulna bone and right ulna bone. It is also claimed that these injuries of Bhavsingh has been caused by 'lathi' (wooden stick), as per the prosecution case. Hence, offence under section 326 of IPC is not made out. 3. Learned P. L. for respondent/State submits that the injuries received by Bhavsingh is grievous in nature and was caused by axe, which is a dangerous weapon/instrument. 4. On perusal of the record available and the case diary, it is claimed that injuries have been caused to the Bhavsingh by 'axe' on his head. In MLC report dated 24.8.2015, it is seen that injuries on the left and right wrist are swelling, and after the x-ray fracture was found on the right ulna bone, left ulna bone and radius. However, the injuries on the parietal bone of the head and vertex was lacerated wound caused by hard and blunt object, no boney injury was found on the scalp, as per the x-ray report dated 18.1.2016. 5. That being so injuries on the hand cannot be termed as grievous injuries on the vital part of the body and these injuries are caused by hard and blunt object, not by any sharp cutting object. 6. The essential ingredients of offense under section 326 of IPC are as under : “(i) that the accused caused grievous hurt to another person; (ii) that such hurt was voluntarily caused; (iii) that such grievous hurt (as contemplated under section 320 of IPC) was caused by any means provided under section 324 of IPC.”� 7. The weapon or instrument used for the commission of offence is very important. section 324 of IPC reads as follow ; “324. The weapon or instrument used for the commission of offence is very important. section 324 of IPC reads as follow ; “324. Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.”� 8. In the present case, injuries caused to Bhavsingh on his wrist are grievous in nature, but no boney injury is found on this head. These injuries allegedly caused by hard and blunt object. 9. According, to the prosecution story 'lathi' (wooden stick) was used for causing the injuries. The core question remained to be answered, whether 'lathi' (wooden stick) can be termed as a weapon or instrument likely to cause death in the present context. 10. For the purpose of section 324 of IPC the instrument must be such that, by its use as weapon it can likely to caused death. The instrument by virtue of its very nature should be that, one could reasonably precedent that, by its use as weapon offence of death would be probable. It was something enhanced in the instrument which rendered death probable. That being the true import of the word “likely” used in the section, the said 'lathi' (wooden stick) which has been used for assault could not be said to be by its very nature, an instrument likely to cause death, within the purview of section 324 of IPC. 11. Therefore, 'lathi' (wooden stick) cannot be said in the present context as an instrument likely to cause death or a dangerous weapon. Thus, grievous hurt caused by a hard and blunt weapon like 'lathi' fall within section 325 of IPC and not under section 326 of IPC Reference can be made in this regard to the case of Mohinder Singh v. State (Delhi Administration), reported in 1985 CRLJ 1903 (SC). 12. Thus, grievous hurt caused by a hard and blunt weapon like 'lathi' fall within section 325 of IPC and not under section 326 of IPC Reference can be made in this regard to the case of Mohinder Singh v. State (Delhi Administration), reported in 1985 CRLJ 1903 (SC). 12. Accordingly, on the basis of the above discussion this revision under section 397/401 of CrPC is allowed and order dated 3.5.2016, so far as it relates to framing of charges under section 326 of IPC is set aside. However, it is made clear that prima facie offence under section 325 is made out, apart from the other offences. 13. Learned trial Court is directed to proceed accordingly. P. S. Tomar for petitioner; A. R. S. Chouhan, Panel Lawyer for respondent/State.