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1989 Supreme(MP) 49

R.C.LAHOTI
STATE OF M. P. – Appellant
Versus
RAMDEEN – Respondent


Advocates Appeared:
ARVIND DUDAWAT, Rakesh Saxena

R. C. LAHOTI, J.

( 1 ) POLICE Station, Civil Lines, Morena, filed a challan against the accused/ non-applicants complaining of the commission of the offences punishable u/ss. 323, 324,307/149,147 and 148 of the Indian Penal Code. The case was committed to the Court of Session, which on hearing the parties on question of framing the charges, held, that a case triable by the Court of Session was not made out and directed the case to be transferred for trial to the Chief Judicial Magistrate, Morena, u/s. 228 (1) (a) of the Code of Criminal Procedure. The State has come up in revision.

( 2 ) ACCORDING to the FIR, the parties had frequent disputes between them, though over petty matters. At the time of incident, the six accused non-applicants opened a simultaneous attack, armed with different weapons and injuring at least six on the side of the complainant. Of these, Mahesh s / o Radhakishan sustained four injuries, of which one is an incised wound on right parietal region. The injury was bleeding at the time of medico-legal examination and X-ray was advised for determining the nature of the injury. On X-ray, fracture of the skull bone was detected. The authorship of this injury is attri












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