Charges framed u/s 307, 332, 353, 186, 148, 149 IPC – Challenge to – Attempt to murder -- Intention of the party has to be gathered from the facts and circumstances of the case -- Petitioners (accused persons) were not armed with any weapon and they only started pelting stones and one such stone hit on the head of complainant who at that time was posted as BDPO -- It prima facie shows that they were having no intention to kill any person -- MLR injury found was one lacerated wound 4x1cm on right side scalp, 10cm from right ear – Said injury was declared as simple in nature being caused with blunt weapon – Nothing available on record regarding use of petrol bomb – Trial Court directed to rehear both the parties and to pass fresh order regarding framing of charges.

(P&H HC) Decided on: 02.06.2022