AJIT SINGH S/O UDAY SINGH R/O VILLAGE RANHOLLA, NANGLOI, DELHI; KULBEER SINGH @ KULDEEP S/O NAVRANG R/O VILLAGE RANHOLLA, NANGLOI, DELHI Vs. STATE (GOVT OF N C T OF DELHI)

JUDGEMENT

(1.) Present petition has been filed under Section 397/401 of Code of Criminal Procedure (for short as "Code") against order dated 17th November, 2009 passed by Additional Sessions Judge, vide which charges under Section 308/341/427 read with Section 34 IPC were ordered to be framed against present petitioners.

(2.) Brief facts are that on 11th October, 2007 at about 8.20 p.m., Yogender Singh, the complainant was going to his go-down at Mundka road on his motorcycle. Petitioner No.1 Ajit Singh, who was known to him attacked him with an iron rod, the blow of which fell on his elbow. Immediately, another person known to the complainant namely, Kulbeer Singh-petitioner No.2, hit the complainant with an iron rod on his head. Thereafter, two-three other associates of the petitioners started beating the complainant. The complainant managed to reach his home and was taken to hospital by his brother. As per MLC, complainant received lacerated wounds over the right occipital-parietal region and abrasions over his wrist.

(3.) It is contended by learned counsel for petitioners that Court cannot act merely as a post office or mouth piece of the prosecution. If two views are possible, judge has the right to discharge the accused for the particular offence. In the present case, trial court mechanically framed charges against the petitioners and reasons given by trial court are contrary to law. Medical examination of the injuries and opinion of the doctors show that the injuries are simple in nature. Under these circumstances, ingredients of Section 308 IPC are not made out at all.