[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVN.APPLN.NO.411 OF 2008 Salim s/o Mohammed Ansari and Ors. ..Applicants Vs. State of Maharashtra ..Respondent ... Mr.R.Y.Mirza advocate for applicants Mr.A.S.Shitole A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : OCTOBER 17, 2008 DATE : OCTOBER 17, 2008 DATE : OCTOBER 17, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants-original accused and the learned A.P.P. for the State. 2. The applicants are facing prosecution in Sessions Case No. 601 of 2007 pending before the learned Sessions Judge at Mumbai. The said case pertains to CR No.258 of 2006 of R.A.K.Marg Police Station, Mumbai. The said case is under Sections 307, 387, 452, 506(II) r.w. 34 of IPC. The applicants are seeking discharge under Section 307 of IPC. [-2-] 3. The complainant has stated that the applicant nos.1 and 2 and one another person assaulted him. Thereafter, he has identified the applicant no.3 as one of the persons who assaulted him. 4. Mr.Mirza, the learned advocate for the applicants has stated that the complainant Abdul Shaikh has sustained only one injury and the said injury is on the nose. He submitted that the said injury would not fall under Section 307 of IPC. He has placed reliance on the medical certificate wherein it is stated the said injury is simple in nature. I have perused the said certificate. In the seventh column i.e. whether the injury is simple or grievous or dangerous to life, it is mentioned that injury is simple. However, it is pertinent to note that in the second column, it is specifically mentioned that the injury is a fracture. Looking to the fact that injury is a fracture, it will clearly fall under section 326 of IPC. Looking to the police report dated 22.7.2008 in which there is reference to the opinion given by the Doctor about the nature of the injury and the medical certificate, in my opinion, there is no [-3-] sufficient material to proceed under Section 307 of IPC, hence, applicants are discharged as far as offence under Section 307 r.w.34 of IPC is concerned. However, it may be stated here that the injury being fracture of the nose, would be covered under section 326 of IPC, hence, though charge cannot be framed under Section 307 of IPC, however, charge can be framed under Section 326 of IPC. Charge may also be framed under sections mentioned in para 1 or any other section/s as found applicable by the trial Court. 5. In view of the above, Revision is disposed of in terms of prayer clause (c). [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]