Judgment

Heard.

This M.Cr.C. under Section 482 of the Criminal Procedure Code seeks quashment of the order dated 15.12.2011 passed by the Third Additional Sessions Judge, Guna in Sessions Trial No.339/2011 framing charge under Section 307/149 of IPC after rejecting the application for discharge filed by the petitioners under Section 227 of the Criminal Procedure Code.

2. The challenge to the framing of charge under Section 307 of IPC is primarily based on the ground that since no incised wound was inflicted by the accused-petitioners and all the injuries sustained by Kumer Singh are simple in nature coupled with the fact that a counter-case alleging offence punishable under Section 302 of IPC has been registered against the complainants, the framing of charge under Section 307 of Indian Penal Code, 1860 against the petitioners is unwarranted for being an act of vendetta.

3. Counsel for petitioners has placed reliance on the decision of Peerushah alias Peer Mohammad & Anr. Vs. State of MP reported in 2006 (II) MPJR 368 to contend that absence of corroboration of the overt act of knife blow with the medical evidence renders framing of charge u/S.307 of Indian Penal Code, 1860 unsustaina