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High Court Of Madhya Pradesh
S. K. DUBEY
TULSABAI - Appellant
Versus
STATE OF MADHYA PRADESH - Respondents
Criminal Revision 73 Of 1990
Decided On : 03/30/1992
CRIMINAL LAW - CHARGE FRAMING - SUFFICIENCY OF EVIDENCE - STANDARD OF PROOF - SECTION 227, CR. P. C. - At the stage of framing of charge, the court need not undertake an elaborate inquiry. The power conferred by S. 227 to discharge an accused is designed to prevent harassment to an innocent person by the arduous trial or the ordeal of prosecution.
Fact of the Case:
The petitioners were charged with murder and attempted murder for their alleged involvement in a violent incident that resulted in the death of one person and injuries to several others. The incident occurred when the petitioners, along with two other co-accused, objected to the stacking of grass in a field that they claimed belonged to them.
Finding of the Court:
The court held that the evidence on record, if generally accepted, would reasonably connect the accused with the crime and that a prima facie case under Sections 302/34 and 307/34 of the IPC was established. The court further held that the trial court did not err in framing the charges against the accused and that the petitioners' reliance on the Supreme Court decision in A. Mohanam v. State of Kerala was inappropriate at this stage.
Issues: 1. Whether the evidence on record was sufficient to establish a prima facie case against the accused under Sections 302/34 and 307/34 of the IPC. 2. Whether the trial court erred in framing the charges against the accused.
Ratio Decidendi: 1. The standard of proof required at the stage of framing of charge is not the same as that required for conviction. 2. The court need not undertake an elaborate inquiry at the stage of framing of charge. 3. The power conferred by S. 227 to discharge an accused is designed to prevent harassment to an innocent person by the arduous trial or the ordeal of prosecution. 4. The trial court did not err in framing the charges against the accused as the evidence on record, if generally accepted, would reasonably connect the accused with the crime.
Final Decision: The revision petition was dismissed and the stay order passed by the court was vacated. The trial court was directed to proceed with the trial expeditiously and dispose of the case within four months from the date of appearance of the parties.
( 1 ) BY this petition under S. 397 read with S. 482, Cr. P. C. the petitioners have prayed for quashing of the charges under Ss. 302/34 and 307/34, IPC, framed on 18-5-1990 in Sessions Trial No. 15/1990, by First Additional Sessions Judge, Vidisha.
( 2 ) THE two petitioners with two other co-accused, Rajesh, the son of petitioner No. 1, and Dewansingh, the husband or petitioner No. 2, have been booked for offences under Ss. 323, 324, 325, 307 and 302/34, IPC, registered as Crime No. 121/1989, by Police Station Gulabganj, District Vidisha, on a report lodged by one Bhuribai.
( 3 ) THE case of the prosecution, in brief, is thus : On 29-11-1989 at about 11 a. m. in village Khejra, when Randhirsingh, Bhuribai's son, was stacking grass in the Kheda, co-accused Dewansingh, armed with a Farsa, and Rajesh, armed with an axe, came and objected to the stacking of the grass in the Kheda, as the Kheda belonged to them; the accused also started abusing. On it Randhirsingh asked them not to abuse; at that time Jaswant, another son of Bhuribai, came there, who also objected to the abuse, on it Dewansingh dealt a Farsa blow on Jaswant, when Randhirsingh tried to save Jaswant, Rajesh dealt an axe blow on Randhirsingh, when Laxman, another son of Bhuribai, came to save the two, Rajesh gave an axe blow on his head. Seeing that all the 3 sons have been caused injuries with Farsa and axe, the mother Bhuribai and her daughter-in-law Amarbai came to their rescue. On it, the two petitioners, who were armed with sticks, gave stick blows to Amarbai and Bhuribai and also on the 3 injured persons. In the occurrence Randhirsingh died. On autopsy the following injuries were found on his person :- ante-mortem injuries. 1) Abrasion 2 x 1 cm. , obliquely situated on left side of chest in 7th intercostal space in anterior axillary line, in the line of rib, fresh red. 2) Surgically stitched wound 12 cm. long with 11 stitches, situated on left parietal and temporal region, starting from 3 cm. above the upper part of pinna going upwards and posteriorly up to parietal eminence, underneath swelling present, margins sharply cut and not united. Temporal muscle found stitched and ecchymosed; underneath the temporal (lt.) muscle bone was missing in an area of 9 x 5 cm, involving (lt.) parietal and temporal bone, upper half of the bony hold showed nibbled out margin and lower half well defined but irregular margins, nearly rectangular in shape, directed downwards and anteriorly. From the lower margin of bony hold linear fracture lines of 4 cm, 3 cm and 6 cm, extending transversely to anterior, obliquely downwards and vertically from above downwards and posteriorly, respectively. Underneath the bone thick (5 mm.) extradural hemorrhage (clotted) present on parietal and temporal lobes in an area of 10 x 8 cm and subdural hemorrhage on temporal parietal lobes and middle cranial fossa 3-5 mm. thick, cupping effect present, temporo-parietal lobes patchy subarachnoid hemorrhage present all over on left parietal lobe and intracerebral hemorrhage (3 x 2 cm) in temporal lobe. Pachy subarachnoid hemorrhage also present on right temporal lobe. C. S. F. hemorrhagic, brain markedly edematous and congested. A rubber drain (corrugated) is also present on (It.) parietal eminence, 1 cm below the stitched wound, through a 5 cm cut in the scalp connecting the extradural space. Injuries were antemortem and sufficient to cause death in ordinary course of nature. Opinion. Death was due to cardio-respiratory failure as a result of head injuries and its complications. On medical examination of injured Jaswant-singh, Laxman Singh, Bhuribai, Amarbai and Premsingh, the following injuries were found : (1) Jaswantsingh. 1) Incised wound over right lateral head 10 cm above right ear, size 8 x 1 x 1 cm. Advised X-ray right lateral skull. Simple injury caused by sharp object On X-ray fracture of skull bone on posterior part was found. (2) Laxmansingh. 1) Incised wound over right fore-h
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