Shri Adarsh Muni Trivedi, Sr.Advocate with Shri Ashish Tiwari, Advocate for the objector.Heard on the question of admission.The prosecution case, in short, is that on 30.4.2013 at about 10:15 PM the applicants surrounded the victim Mukul Pandey.The applicant Pradeep Sahu assaulted him by a sword on his head, whereas the applicant Sonu assaulted by baseball bat causing injury on his left eye.The remaining applicants assaulted him by the base of a revolver on his head and some other persons assaulted the victim by kicks and fists.Initially the case was registered for the offence under Sections 147, 148, 149, 506-B, 324 and 341 of IPC whereas the charge sheet was filed for the offence under Sections 147, 148, 149, 294, 506-B, 324, 341, 307 and 201 of IPC.After considering the submissions made by the learned counsel for the parties, it is admitted by both the parties that no fatal or grave injury was caused to the victim Mukul Pandey.The learned counsel for the objector has raised an objection mainly that for constitution of offence under Section 307 of IPC, intention of the accused should be seen.On the basis of the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, at present it is to be seen as to whether prima facie the applicants had an intention to kill the victim Mukul Pandey or not.For framing of the charges, no defence evidence is to be considered and it is the golden yardstick that if the evidence collected by the prosecution is considered and the accused can be convicted for the any offence and if no rebuttal evidence is produced, then charge of that offence shall be framed.In the present case, it would be apparent that there is no allegation against the applicants that they took any contract from anyone to kill the victim Mukul Pandey, and therefore due to their criminal past, no effect would be caused in assessment as to whether a charge under Section 307 of IPC can be framed or not.The victim was assaulted by base of the firearm.If the applicants were interested to kill the victim, then certainly they could use firearm and gun shot injury could have caused to the victim.As submitted by the learned counsel for the State, the witnesses Ramakant and Ravindra have stated that the applicants fired from the gun, but such statements were given one month after the incident.If fire was done by firearm, then the victim could mention this fact in the FIR, and therefore the story told by the witnesses Ramakant and Ravindra that fire was done by the applicants cannot be accepted in the light of the FIR lodged by the victim.Under such circumstances, if the entire conduct of the applicants is seen, then Sonu did not assault for second time, whereas his first assault was not in forceful manner and no fracture was caused in the hand of the victim.The assault of the applicant Pradeep was not forceful, therefore no fatal or grave injury was found to the victim.When one injury was caused in the head of the victim, applicant Pradeep Sahu did not assault for second time.Similarly, the remaining applicants assaulted the victim causing simply injury.They had a firearm but no fire was done, and therefore by examining the entire evidence collected by the prosecution, it cannot be said that the applicants were intended to kill the victim.Hence, prima facie no charge under Section 307 of IPC could be framed against any of the applicants either directly or with the help of Section 149 of IPC.On the basis of the aforesaid discussion, the present revision filed by the applicants can be accepted.The impugned order dated 19.12.2013 passed by the Third Additional Sessions Judge, Jabalpur in ST No.490/13 is hereby set aside.The applicants are discharged from the charges of offence punishable under Sections 307 or 307/149 of IPC.

Cited provisions: Section 307 in The Indian Penal Code; Section 149 in The Indian Penal Code; Section 324 in The Indian Penal Code; Section 148 in The Indian Penal Code; Section 341 in The Indian Penal Code; Section 147 in The Indian Penal Code; Section 201 in The Indian Penal Code; Section 300 in The Indian Penal Code; Section 294 in The Indian Penal Code