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Pawan Mishra & Another v/s State of M.P. & Another

    Criminal Revision No. 1369 of 2021

    Decided On, 12 July 2021

    At, High Court of Madhya Pradesh

    By, THE HONOURABLE MR. JUSTICE RAJEEV KUMAR DUBEY

    For the Appearing Parties: R.K. Shrivastava, Anand Nayak, Advocates.



Judgment Text

1. This criminal revision has been filed under Section 397/401 of the Code of Criminal Procedure against the order dated 06.03.2021 passed by learned Sessions Judge, District Panna in Sessions Trial No.93/2020 whereby learned Sessions Judge framed charge against the applicants / accused for the offence punishable under Sections 307, 325, 323 (2 counts) of IPC and in alternate charges under Sections 307/34, 325/34 & 323/34 (2 counts) of IPC.

2. Brief facts of the case which are relevant for the disposal of this criminal revision are that on 20/7/2020 at 08:30 pm due to old dispute co-accused Raja Tiwari, Jitendra, Dhirendra Tiwari @ Golu & Suresh Tiwari armed with sticks came to complainant Satyam Tiwari's house located at village katra and abused his father Shambhu Prasad Tiwari, when he objected, co-accused Dhirendra Tiwari assaulted him with stick, due to which he sustained injury on his head. When complainant's mother Sadhna Tiwari and elder brother Shivam Tiwari came to rescue him, co-accused Suresh Tiwari assaulted Sadhna Tiwari with a stick on her head, due to which she sustained injury on her head and fell down. Co-accused Raja Tiwari also assaulted Shivam Tiwari with a stick, due to which he sustained injuries on his head and leg. When complainant Satyam Tiwari came to rescue them, co-accused Jitendra Tiwari also assaulted him by kicks and fists. Applicants Pawan Mishra, Gourav Sahu & co-accused Ankit Jadiya also came there and they assaulted complainant Satyam Tiwari and his family members i.e Shambhu Prasad Tiwari (father), Sadhna Tiwari (mother) & Shivam Tiwari (elder brother) by kicks and fists. In the incident Satyam Tiwari, Shambhu Prasad Tiwari, Sadhna Tiwari & Shivam Tiwari sustained injuries and parietal bone of Smt. Sadhna Tiwari also got fractured. Police registered Crime No.594/2020 and investigated the matter and after investigation police filed charge sheet against the applicants and other co-accused persons. On that charge sheet S.T. No.93/2020 was registered. During the trial of the case learned Sessions Judge, District Panna vide order dated 06.03.2021 farmed above mentioned charges against the applicants and other co-accused persons. Being aggrieved from that order applicants filed this Criminal Revision.

3. Learned counsel for the applicants submitted that learned trial court along with other offences framed charge against the applicants for the offence punishable under Section 307 in alternate 307/34 of IPC, for causing injury to injured Smt. Sadhna Tiwari but in the incident Smt. Sadhana Tiwari sustained only one injury on her head and according to prosecution story that injury was caused by the co-accused Suresh Tiwari and at that point of time applicants were not present on the spot, so offence punishable under Section 307 in alternate 307/34 of IPC is not made out against the applicants. Learned trial court wrongly framed charges against the applicants for the offence punishable under Section 307 in alternate 307/34 of IPC so the applicants be discharged from these charges.

4. Learned counsel for the State opposed the prayer and submitted that in the statements of Shivam Tiwari & Shambhu Tiwari, it is mentioned that at the time of incidents applicants were also present on the spot and they also took part in the incident. So, learned trial court did not commit any mistake in framing charges under Section 307/34 of IPC against the applicants.

5. From the F.I.R. lodged by the complainant Satyam Tiwari and the injury report of Smt. Sadhna Tiwari it is apparent that in the incident Smt. Sadhna Tiwari sustained injury on her head which was dangerous to life and that injury was caused by co-accused Suresh Tiwari. However from the F.I.R. prima facie it appears that applicants were not on the spot when co-accused Suresh Tiwari caused injury to Smt Sadhna Tiwari, they came later. From the case diary statements of Shivam Tiwari and Shambhu Tiwari it appears that applicants were present on the spot from the beginning and took part in the incident. At this stage, the charge sheet will be read as a whole not in a piecemeal. So, in the co

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nsidered opinion of this Court, learned trial court did not commit any mistake in framing charges against the applicants under Section 307/34 of IPC. 6. Hence the petition is dismissed with the liberty that the applicants are free to raise all their objections before the trial Court at the appropriate stage which shall be decided by the learned trial Court according to law without being influenced by the observation made by this Court in this revision.
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