The court established that intent to commit culpable homicide must be clearly evidenced by the nature of injuries, which was not the case here.

JUDGMENT

1. The instant revision has been preferred by the petitioners for assailing the order dated 21.08.2017 passed by the learned Additional Sessions Judge, Bhadra in Sessions Case No.23/2017, whereby charges were framed against the petitioners herein for the offences under Sections 308/34, 323/34, 325/34 and 354/34 IPC.

2. The main grievance of the petitioners in this revision is regarding the charge under Section 308 IPC. In this regard, Mr. S.D. Goswami, learned counsel representing the petitioners, drew the court's attention to the following conclusions drawn by the Investigating Officer in the charge-sheet :-

3. It may be mentioned herein that the Investigating Officer found only the two petitioners involved in the offences and the other persons named by the complainant in the FIR and the statements of the witnesses were exonerated. The complainant filed an application under Section 193 CrPC, which was dismissed. However, qua the petitioners, the learned trial court proceeded to frame charges as above.

4. Learned counsel for the petitioners submits that the injuries inflicted to injured Raju Singh were on the hands. Even though such injuries were grievous, apparently, the ingredients of the offence under Section 308 would not be made out because by causing such injuries, it cannot be inferred that the accused had intention of committing culpable homicide not amounting to murder. The injuries are on non-vital body parts and thus, the order framing charge deserves to be quashed to the extent of offence under Section 308 IPC.

5. Learned Public Prosecutor, on the other hand vehemently and fervently opposed the submissions advanced by the petitioners' counsel. He urged that the petitioners forcibly trespassed into the house of the complainant and launched an armed assault. Numerous persons from the complainant's family including two ladies were beaten in a brutal manner and innumerable injuries were inflicted to them all over their bodies. Thus, as per the learned Public Prosecutor, the learned trial court was absolutely justified in directing framing of the charge against the petitioners for the offence under Section 308 IPC as well.

6. I have given my thoughtful consideration to submissions advanced at bar and have gone through the impugned order and the challan papers. The conclusion of the Investigating Officer after conducting investigation referred to Supra clearly indicates that the parties were bearing animosity towards each other because of a longstanding land dispute. The incident precipitated all of a sudden after exchange of profanities between Raju Singh and Bhanwar Lal. Bhanwar Lal's brother Trilokchand, Raju Singh's wife and other family members reached the spot upon hearing the commotion. The Investigating Officer did not find the offence under the POCSO Act made out against the accused. So far as the injuries caused to injured Raju Singh are concerned, as per the medical report, both the grievous injuries caused to him were on the hands and on the basis of these grievous injuries, the offence under Section 308 IPC was applied to the case. In the cross case lodged from the petitioners' side, charge-sheet has been filed against Raju Singh, Munaish Devi @ Guddi and Sonu Singh for the offences under Section 341, 323 and 34 IPC. Apparently, the Investigating Officer did not find the theory of the injured Raju having been forcibly dragged to the field and then beaten up substantiated and charge-sheet was not filed against the accused for the offences punishable under Sections 342 or 365 IPC.

7. This court is called upon to examine whether the accused had any intention to commit culpable homicide of injured Raju Singh. Upon perusal of the statement of Raju Singh recorded by the Investigating Officer under Section 161 CrPC, he alleged that he was picked up by Bhanwar Lal, Trilokchand and their sons and was taken to the field of Nandlal. Trilokchand, Bhanwar Lal and Trilokchand's sons and three other assailants inflicted