The court upheld the framing of charges for attempt to murder, emphasizing that the intention and nature of injuries are critical in determining the appropriateness of charges.

ORDER

This petition u/s 397 of Code of Criminal Procedure, 1973 (in short, ‗ Cr.P.C .‘ hereinafter) and Section 438 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short, ‗BNSS,2023‘ hereinafter) is filed assailing the order dated 10.01.2025 passed in S.T. No. 03/2025 by learned II Additional Session Judge, Dhar, whereby learned Additional Session Judge framed charges for offences punishable u/Sec 109 read with Section 3(5), Sections 296 and 351(3) of Bhartiya Nyaya Sanhita, 2023 (in short, ‗BNS, 2023‘) against the accused/revision petitioners – Kanha, Lakhan and Pappu.

2. The exposition of facts in brief, giving rise to present petition, is as under:

On 08.12.2024, complainant Pawan went to Egg Shop of Gorelal where the accused Kanha was standing. Accused Kanha asked him to move his motorcycle and started abusing him in filthy language. Kanha called his brothers at the spot. Kanha (Revision Petitioner no. 1) assaulted him with slaps and fist blows. Lakhan (Revision Petitioner no. 2), with intention to kill, assaulted him with a sword on his head and Pappu (Revision Petitioner no. 3) assaulted him with wooden stick on his head, hands, right leg and back. Arvind and Shyamlal came to his rescue. Accused threatened to kill him and fled away. On such allegations, the P.S. Kotwali Distt. Dhar registered FIR for offence punishable u/Ss. 109 r/W 3(5) of BNS,2023 against Kanha, Lakhan and Pappu. Complainant Pawan was sent for medico legal examination. The statements of witnesses were recorded. Accused Kanha, Lakhan and Pappu were arrested on 09.12.2024. The Medical Officer opined that injuries caused to Pawan are dangerous to life. He would have died, if not treated on time. On completion of the investigation, final report was submitted before the Learned Judicial Magistrate First Class, Distt. Dhar. The JMFC, Dhar committed the case for trial to the Court of Sessions Judge, Dhar.

3. Learned IInd Additional Sessions Judge, Dhar vide order dated 10.01.2025 framed charges for offence punishable u/Ss. 109 read with Section 3(5), Sections 296, and 351 (2) of BNS, 2023 against Kanha , Lakhan and Pappu.

4. The impugned order and charges are assailed in present petition on following grounds:

(i) The complainant initiated the fight. It has falsely been alleged that an altercation took place between Kanha and the complainant which aggravated into physical scuffle.

(ii) The injuries suffered by the complainant are simple in nature. The Medical Officer on query has specifically opined that the injuries caused to Pavan are not grievous in nature. Learned trial Court ignored the opinion of the medical expert while framing charge for offence punishable u/S 109 of BNS, 2023. The depth of injury and fatal nature is not mentioned in the MLC report.

(ii) There was no intention on part of the accused. Therefore, learned trial Court committed error in framing charges against accused.

On these grounds, it is prayed that the impugned order and the charges for offence punishable under Section 109 read with Section 3(5), Sections 296 and 351(3) of BNS, 2023 be set aside.

5. The learned counsel for the petitioners contends that the medical report is inconsistent and doubtful with regard to nature of injury caused to complainant/injured Pawan. The medico legal examination report does not reveal any life threatening or fatal injury. The incident occurred at the spur of moment therefore, the intention to kill cannot be inferred. Consequently, the offence punishable u/S 109 of BNS, 2023 is not made out.

6. Per contra, learned counsel for the State opposes the petition and submits that the alleged offences are clearly made out from the material on record. Learned trial Court committed no error in framing the impugned charges. The petition is meritless and deserves to be dismissed.

7. Heard both the parties, perused the record and the case diary.

8. Section 251 of BNSS,2023 provides as under-

Section 251: Framing of charge (1) If, after such consideration and hearing as afor