The court emphasized the importance of establishing the ingredients of the offence and held that without prima facie evidence, the charge could not be sustained.

U.C. Maheshwari, J.

1. The applicants - accused have directed this revision being aggrieved by the order dated 13.6.2011 passed by Ist Upper Additional Sessions Judge, Hoshangabad in Sessions Trial No. 109/11 framing the charges against them for the offence under Sections 147, 148, 307/149 and 353 of IPC.

2. The facts giving rise to this revision in short are that on dated 12.12.2010 at 17.15 o'clock the Police Party comprising of various Police Officials including the victims namely Shankar Meena, Harishankar, Roop Singh, Jugal Kishore and Gautam Kashyap caught hold the applicants while they were carrying out the gambling activities at some open place in village Temla Hill of district Hoshangabad. At the same time the applicants lashed with the implements by using the criminal force created obstruction in discharging the public duties of such Police Officials and in continuation of the same, in furtherance of their common object started their beating also. Resultantly the abovenamed Police Constables sustained various injuries on their persons. Therefore, the applicants were arrested and brought to Police Station where Crime No. 455/10 was registered against them for the offence under Sections 147, 148, 149, 353, 183, 307 of IPC. On sending, the above mentioned victims to the hospital after medical examination, their MLC reports were prepared. Some of them were also advised for x-ray. On completion of the investigation, the applicants were charge sheeted for the aforesaid offence alongwith additional Section of 333 of IPC and Section 13 of Gambling Act.

3. On committing the case to the Sessions Court, considering the papers of the charge sheet on framing the charges of the offences, stated in para 1 against the applicants, they abjured the same and thereafter being dis-satisfied with such order the applicants have come forward to this Court with this revision.

4. Shri Abhay Gupta, learned counsel for the applicants after taking me through the FIR, MLC reports and medical papers of the victims alongwith other papers of the charge sheet placed on the record, said that even on taking the face value of such evidence collected by the investigating agency, it could not be deemed that any of the applicants has committed the alleged act with an intention to cause death of any of the Police Officials. In continuation he said that keeping in view this aspect of the case, if the MLC reports of the victims are perused and examined, then looking to the nature of injuries stated in such MLC reports, as various injuries were described simple in nature and for some of the injuries for which the victim Shankarlal and Hari Prasad were referred for x-ray, no opinion regarding nature of such injuries was mentioned. It is also apparent from the list of the document mentioned in the Police Report filed under Section 173 of Cr.P.C. that no such x-ray report, showing that any of the aforesaid victims sustained any fracture, has been produced on record. So in the lack of x-ray report, it could not be deemed that the injuries referred for x-ray were grievous in nature. The same should be treated to be simple in nature. He also argued that the allegation of Section 307 of IPC has been levelled in the charge sheet on the basis of some injuries of Shankarlal and Harishankar mentioned in their MLC reports but because of aforesaid reasons, the same could not be treated to be grievous in nature or sufficient to cause death in the ordinary course of the nature and accordingly in the light of the medical evidence placed with the charge sheet the charge of Section 307 of IPC could not be framed against any of the applicants. He also argued that the interrogatory statements of the victims and other witnesses are also not sufficient to frame such charges of Section 307 of IPC. According to him in the available circumstances only the charge of Section 332 of IPC could have been framed and prayed to set aside the charge of Section 307 of IPC by admitting and allo