Luhangi, a wooden stick with an iron head, is considered a dangerous weapon within the meaning of Section 326 of IPC.

This Criminal Revision under Section 397 read with Section 401 of CrPC is directed against the order dated 07-07-2023 passed passed by Second Additional Sessions Judge, Joura, District Morena (MP) in Sessions Trial No.54 of 2023, whereby charges for offence punishable under Section 294 of IPC, Section 323 in the alternative Section 323 read with Section 34 of IPC (on three counts), Section 326 in the alternative Section 326 read with Section 34 of IPC and Section 506 Part- II of IPC are framed against the revision petitioners.

(2)The revision petition inter alia states as under:- (I) As per the case of prosecution on 30-05-2021 Roshan Goswami reported to PS Joura, District Morena that on same day around 09:00 in the morning, he went to his agricultural field near Alapur Canal. He saw that Shadi Khan, Balle Khan, Ragga Khan and Raju Khan (revision 3 petitioners) were placing boundary marks in his field. He and his son Ravi objected to placing boundary marks. All the accused started abusingthem in filthy language. They objected to abuses. Shadi Khan assaultedhim with wooden stick (danda). He sustained injury on left leg and left hand Balle Khan assaulted Ravi with danda. He sustained injury on right hand. Ragga Khan assaulted Ravi with danda on right shoulder. His sonJitendra intervened. Raju Khan assaulted Jitendra with danda. Jitendra sustained injury on right elbow. All the accused assaulted them with kicksand fists & danda. After threatening to kill them, all accused fled away. On completion of investigation, Final Report was submitted. Case wascommitted to the Court of Session. Trial is underway. (II) Learned Second Additional Sessions Judge, after hearing both the parties on charge, proceeded to frame charge against the revision petitioners for offences punishable under Section 294 of IPC, Section 323 in the alternative Section 323 read with Section 34 of IPC (on three counts), Section 326 in the alternative Section 326 read with Section 34 of IPC and Section 506 Part -II of IPC.

(3) Feeling aggrieved by framing of charge under Section 326 of IPC, this revision is filed on following grounds:- (I) The order of the Trial Court is against law and procedure.

(II) None of accused was armed with any dangerous weapon. No injury is inflicted by any dangerous weapon.

(III) Injured Ravi was examined by Medical Board. It was found that Ravi had not suffered any bony injury of fracture.

On these grounds, it is requested that impugned order be set aside and revision petitioners be discharged.

4 (4) Learned Counsel for revision petitioners referring to the judgmentof Coordinate Bench of this Court in case of Ram Singh and Others vs. State of Madhya Pradesh (order dated 3-01-2019 passed in MCRC No. 5920 of 2018), contends that lathi is not a dangerous weapon. It isalleged that accused have caused injury with the help of danda, which cannot be deemed to be a dangerous weapon. Therefore, no offence punishable under Section 326 of IPC is made out. Learned Counsel, referring to the medical report, contends that in X-ray report dated 30-05- 2021, fracture of base of IVth metacarpal of right hand phalanx was found by CHC, Joura, District Morena. Later, the injured Ravi was examined by Medical Board, District Hospital Morena. On X-ray conducted on 09-07-2021, no bone injury on right hand of Ravi was found. Therefore, in absence of any grievous hurt, framing of charge under Section 326 of IPC was inappropriate.

(5) Per contra, learned Counsel for the State referring to statements of Roshan Goswami, Ravi Giri and Jitendra Giri recorded under Section 161 of CrPC, submits that all the witnesses have specifically stated that BalleKhan has assaulted Ravi with wooden stick like luhangi which caused injury on right hand of Ravi. In MLC dated 30-05-2021, an incised wound on right hand of Ravi was found. It was opined that this injury may be caused by hard and sharp object. On X-ray examination on same day, frac