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PRAKASH CHANDRA GUPTA
Baga @ Bhagirath – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Heard.
This criminal revision under section 397 read with 401 of the Code of Criminal Procedure, 1973 has been preferred by the petitioner/accused being aggrieved and dissatisfied by the order dated 22-9-2023 passed by the 1st Additional Sessions Judge, Mandleshwar in S.T. No. 150/2023 whereby, learned trial Court has framed charges under section 294, 302, 323 (6 counts) and 506 Part-II of Indian Penal Code against the petitioner.
2. Prosecution story in brief is that on 11-6-2023 at around 8:00 PM, when the complainant Rahul Naik was walking and reached in front of the house of Mukesh, he saw that a quarrel had taken place between the petitioner Baga Bhagirath and Mukesh. When the complainant tried to intervene, then the petitioner abused him in filthy language. The complainant objected the same on which the petitioner assaulted him by kicks and fists. Uncle of complainant/ injured Kishan came to rescue the complainant, then the petitioner assaulted Kishan on his abdomen by kicks and fists. Wife of complainant Mamta Bai, sister-in-law (bhabhi) Urmila and Mayabai and Aunt Jhatibai also came there to exhort the petitioner, then he also abused them verbally and physically assaul
The court emphasized the standard for framing charges, allowing for a prima facie case based on the evidence without requiring a full trial.
At the charge framing stage, the court only needs to establish a prima facie case indicating the accused might have committed the offence, without delving into the sufficiency of evidence.
The main legal point established in the judgment is the need for a strong suspicion that the accused has committed an offence at the time of framing of charges.
The trial court must thoroughly evaluate evidence before framing charges, as mechanical adoption of prosecution's stance is inappropriate.
The court affirmed that for Section 307 IPC, causing hurt with intent or knowledge is sufficient, and the trial court must assess evidence to determine if charges are warranted.
For framing charges under Section 307 IPC, intention and knowledge are crucial, and a prima facie case must be established based on the injuries and circumstances surrounding the incident.
The court established that at the charge framing stage, a strong suspicion of guilt suffices to proceed, without requiring proof of the allegations.
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