ORDER

1. The present criminal revision under section 397 r/w section 401 of CrPC has been preferred assailing the order dated 2.3.2021 passed by Second Additional Sessions Judge, Dabra, District Gwalior (MP) in Sessions Trial No.16 of 2021,whereby charges under sections 307, 34 and 452 of IPC have been framed against the applicant.

2. In brief, facts of the case are that complainant Parmal Singh Bundela recorded a Dehati Nalishi at Police Station Bhitarwar, stating therein that he is staying in village Kahriya and running a grocery shop. Accused Rinku Chaudhary Rinku molested his daughter, therefore, on the date of incident i.e. 7.9.2020, he along with her daughter, had gone to the medical dispensary, (CHC), Bhitarwar and the police personnel had also come there. When he was in injection room, applicant- accused along with other co-accused persons who were armed with sword & hockey stick, entered in the room of medical dispensary and accused Balli Chaudhary alias Rakesh inflicted injury on his head by means of hockey stick as a result of blood started oozing. On that basis, FIR bearing Crime No.409/2020 has been lodged for offence under sections 307, 323, 34 of IPC at Police Station Bhitarwar. Thereafter, the complainant was medically examined. Afterwards, the applicant was arrested and a hockey stick was recovered from his possession. Statements of witnesses were recorded and after completion of investigation and other formalities, challan was filed by police before the Court below by which, charges under sections 307/34, 452 of IPC have been framed. Hence, this revision.

3. It is submitted by counsel for the applicant that there was no intention on the part of applicant to cause death of the complainant and as per opinion of doctor, the injury caused to the complainant was not sufficient to death in the ordinary course of nature, therefore, no case is made out against the applicant under section 307 read with section 34 of IPC. It is further submitted that no offence under section 452 of IPC is made out against the applicant because section 452 IPC prescribes that there shall be house trespass with intention to cause hurt and assault. The alleged incident is said to have been taken place at the medical dispensary which is an open place for public, therefore, it cannot be said to be an act of house trespass. Hence, the impugned order passed by the Court below cannot be sustainable in the eyes of law. Therefore, it is prayed that the impugned order of framing charges passed by the learned Court below be set aside and the present revision deserves to be allowed.

4. Learned counsel for the State supported the impugned order of framing charges and submitted that prima facie offence is made out against the applicant. It is further submitted that considering medical evidence as well as statements of complainant and witnesses, prima facie, offence is made out. From the possession of applicant-accused, applicant who was armed with a hockey stick has been recovered. No ground is made out for quashment of charges framed against the applicant and, hence, prayed for dismissal of present revision.

5. I have considered arguments advanced by learned counsel for the parties and perused the documents available on record.

6. Section 307 of IPC reads as under:-

''307. Attempt to murder.— Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is herein-before mentioned.''

Section 452 of IPC reads as under:-

452. House-trespass after preparation for hurt, assault or wrongful restraint.—Whoever commits house-trespass, having made preparation for causing hurt to any person or for a