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JYOTSNA SHARMA
Yogendra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. None responds for the revisionists. Learned A.G.A. for the State is present.
2. This criminal revision has been filed against the order dated 06.09.2022 by which the application moved under Section 227 Cr.P.C. for discharging the accused persons for offence under Section 308 I.P.C. was dismissed and case was posted for framing of charge.
3. The material facts are as below:-
The F.I.R. against the applicants and two more has been filed under Section 323 and 324 I.P.C. with the allegations that the accused persons were raising construction to encroach upon the land of Gram Samaj. The first informant and his brother protested. Irked over such interference accused persons physically assaulted the first informant Sanjay Tiwari and his brother causing them injuries. After investigation chargesheet has been filed under Sections 308, 323, 504 and 506 I.P.C.
4. Perusal of the revision memo shows that the revisionists are aggrieved by order for framing charge under Section 308 I.P.C. in addition and rejection of discharge application. The only ground taken by the revisionist is that injuries sustained by the injured persons were not fatal in nature. There was not a single fracture o
Accused cannot maintain application under Section 128(1)(a), Cr.P.C. for transferring case from Court of Sessions to a Court of Magistrate on the ground that no offence under Section 308, I.P.C. is m....
An attempt to commit culpable homicide, even if unsuccessful, falls under Section 308 IPC, justifying trial in the Sessions Court.
The court established that for a charge under Section 307 IPC to be sustained, there must be clear evidence of intent to kill, which was not present in this case due to the nature of injuries and the....
The intention or knowledge of an accused under Section 308 IPC has to be ascertained only prima facie at the stage of charge, based on the injury caused to the victim.
The court established that intent to commit culpable homicide must be clearly evidenced by the nature of injuries, which was not the case here.
Intent and knowledge regarding the commission of offences under Section 307 IPC can be inferred from actions and circumstances, regardless of the nature or extent of actual injuries inflicted.
The court upheld the trial court's framing of charges under IPC, affirming that the nature of injuries justified the charges without finding any illegality or perversity.
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