Akhil Kumar Srivastava DECISION
Akhil Kumar Srivastava, J.
1. This revision application under Section 397/401 of Cr.P.C. has been filed by the applicants against the order dated 18.02.2019, passed by learned Sessions Judge, district Sehore in S.T. No. 04 of 2019 against framing the charges against the applicants under Section 294, 323/34, 307/34 and 506-II of IPC under Crime No. 192/18 at P.S. Doraha, district Sehore.
2. With the consent of learned counsel for both the parties, this revision is heard finally.
3. Learned counsel for the applicants submits that he only presses this revision only against the charge under Section 307/34 of IPC. Learned counsel for the applicants submits that charge under Section 307/34 of IPC is absolutely groundless as there is no material against the applicants for the same. The prosecution has relied on the private medical documents in which head injury was shown as dangerous to life and on that ground the charge under Section 307 of IPC has been framed against the applicants. Learned trial court has overlooked the fact that the intention of the applicants was not commit murder of the complainant. Therefore, the charge under Section 307/34 of IPC may be set aside.
4. Learned counsel for the applicants has relied on the judgement in the matter of Yogesh @ Sachin Jagdish Joshi Vs. State of Maharashtra reported in MANU/SC/7528/2008 : (2008) 10 SCC 394.
5. Learned Govt. Adv. has submitted that learned Sessions Judge, Sehore has not committed any error in law in framing the charge under Section 307 of IPC against the applicants as there is sufficient material on record to show that injury caused to the complainant in the opinion of the medical expert is dangerous to life. The injury was caused on head of complainant, i.e. on vital part of the body.
6. I have considered the rival submissions of learned counsel for both the parties and perused the entire record as well as documents filed by the applicants alongwith the case diary. This court is of the view that at the outset we should have a look upon the provisions of Section 307 of IPC. The relevant portion of Section 307 of IPC is as follows:-
"307. Attempt to murder. - Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall ........