PREM SINGH Vs. STATE

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner against the order dated 01.09.2014 passed by the learned Trial Court by virtue of which charges against the respondents were framed under Sections 308/323/34 IPC.

(2.) In brief the case of the prosecution is that on 21.11.2013 petitioner was standing outside his house and all of a sudden respondent no. 2 tried to tie his buffalo outside the house of the petitioner to which he objected. On this, respondent no. 2 started abusing him and used bad slays. It is alleged that in the mean time, petitioner started calling his family members and respondent no. 2 also called his family members. In the meanwhile, respondent nos. 3 and 4 reached there. It is alleged that respondent no. 3 was having spade (faavra) in his hand and respondent no. 4 was carrying a stick (danda) in his hand and they both started quarreling with the petitioner. When the petitioner tried to defend himself respondent no. 2 caught hold of him and respondent no. 3 attacked the petitioner on his head with spade and respondent no. 4 started beating him with stick. In the meanwhile, on hearing noise, son and daughter-in-law of the petitioner reached the spot. On the basis of material on record, learned trial court framed charge under Sections 308/323/34 IPC.

(3.) It has been mainly argued by learned counsel for the petitioner that the learned Additional Sessions Judge has framed charge under wrong Section and instead of Section 308 IPC charge should have been framed under Section 307 IPC. He further argues that the learned Additional Sessions Judge has failed to consider that all the respondents were sharing common intention to cause fatal injuries to the petitioner. He further argues that injuries on the person of the petitioner have been opined to be "grievous" in nature.