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TMI Blog1996 (10) TMI 521X X X X Extracts X X X X X X X X Extracts X X X X ..... unil was opening the shop, the petitioners came there and started quarreling with him and said that they should vacate the shop failing which they will have to face dire consequences. On his telling the petitioners that the shop was under their tenancy for the last 20- 22 years and they were paying the rent regularly and it being their only source of income, it was not possible for them to vacate the same, the petitioners 1 and 2 caught hold of him by his arms and Rajesh hit him with saria on his head. Ajay took up a brick from the road and hit on his head and Ramvir, Ajay and Rajesh started hitting him with lathis also hitting with fists and legs; in the meantime, his brother also came on the shop and when he tried to intervene in the matt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry that the following ingredients must be present;- a) that the accused has committed the act; b) such act was committed with an intention or knowledge to commit culpable homicide not amounting murder; c) offence was committed under such circumstances that if the accused by that act had caused death, he would have been guilty of culpable homicide. (4) MR.SHARMA contends that a perusal of the Mlc shows that the injuries were simple and the Investigating Officer had obtained the opinion on Mlc from a doctor who had no occasion to examine the patient. In his view, Therefore, such an opinion was not acceptable as per the provisions of Section 45 of the Evidence Act. Mr. Sharma has referred to the judgments reported as Braham Dutt vs. State 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le with the innocence of the accused or not. The Court at that stage is not to see whether there is sufficient ground for conviction or whether the trial is sure to end in the conviction of the accused and the only thing to be seen is whether there is a strong suspicion which leads the Court to think that there are grounds for presuming that the accused had committed an offence. However, the Judge while considering the question of framing of charges has undoubtedly the power to sift and weigh the evidence for limited purpose of finding out whether or not a prima- facie case against the accused had been made out. The Court cannot act as a mouthpiece of the prosecution, but has to consider the broad probabilities of the case, the total effect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d injury and Sunil was asked to attend casualty the next date. However, at the place where nature of injuries has been mentioned, the Doctor who had originally examined the patient noted the same as 'grievous'. The patient at that time was fit for making statement. It appears that he was immediately after being discharged from the Government hospital was taken to a private nursing home and where he is alleged to have been treated for alleged head injuries. (7) I have perused the Fir as well as the statement of the witnesses recorded under Section 161 of the Criminal Procedure Code by the Police. No person including the complainant has made any allegation in their statements that injuries were inflicted by the petitioners with an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tention or knowledge on the part of the accused to cause such injuries which would have resulted in the death of the complainant as a result of which they would have been guilty of murder or culpable homicide not amounting to murder. The fact that the petitioners have also been injured and a case under Section 324 Indian Penal Code has been registered against the complainant clearly shows that it was a scuffle between two parties without any intention on either side to cause injuries which might result in the death of the accused. The material before the Additional Sessions Judge, in my view, was not such which could give rise to grave suspicion against the petitioners of their having the intention or knowledge to cause such an injury that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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