MANJU SINGH Vs. TARA CHAND

JUDGEMENT

(1.) This criminal revision has been filed by the revisionist against the order dated 8.1.1997 passed by Vth Additional Sessions Judge, Saharanpur in S.T. No. 219 of 1996.

(2.) The brief facts of this case are that on 7.5.93 at about 7 p.m. in village Ramgarh, P.S. Kotwali Dehat, Saharanpur one Dharam Sen had gone to the residence of opposite party Nos. 1 and 2 to borrow from them some weights as Dharam Sen had to weigh some grains. Opposite party No. 1 Tara Chand refused to oblige Dharam Sen upon which an altercation between the two started at the spot. Thereafter opposite party No. 1 pulled out a revolver and opposite party No. 2 Vijay Pal took out a knife and on the exhortation of opposite party No. 1. opposite party No. 2 inflicted a knife blow in the abdominal region of Dharam Sen causing him serious injuries. The incident was seen by the witnesses who were present at the spot. Thereafter both the accused ran away from the place of occurrence. The injured Dharam Sen fell down on the ground and was rushed to the hospital. An F.I.R. was lodged with the police by the revisionist, who is the wife of the injured. It should be mentioned here that opposite party No. 2 is the son of opposite party No. 1. The F.I.R. was registered by the police under Sections 323, 324 and 504, I.P.C. The injured was medically examined at the hospital wherefrom he was transferred to the main hospital B.H.E.L. Ranipur, Hardwar. He was operated upon by the surgeon. He was admitted in the hospital at Ranipur on 8.5.93 and remained there upto 19.5.93 when he was discharged.

(3.) The matter was investigated and during the course of investigation, keeping in view the nature of the injuries of the injured, the case was converted under Section 307, I.P.C. also. After conclusion of the investigation a charge-sheet under Section 323/307/504, I.P.C. was filed against both the opposite parties. The learned Magistrate took cognizance of the case and thereafter he committed the case to the Court of Sessions vide his order dated 9.4.96. Feeling aggrieved by the committal order a revision was filed before the learned Sessions Judge, Saharanpur by the opposite parties which was dismissed on 11.9.96 by the learned VIIth Additional Sessions Judge, Saharanpur to whose Court the said revision was transferred. At the stage of framing of charges arguments were advanced from both the sides before the learned trial Judge. The contention before the trial Judge was that keeping in view the facts and circumstances of the case and nature of injuries no charge under Section 307, I.P.C. can be framed and the opposite parties were liable to be discharged. After hearing the learned Judge held that no case under Section 307, I.P.C. was made out, but a case under Sections 323, 324 and 504, I.P.C. was definitely made out and therefore he framed charges against both the opposite parties under the sections mentioned above and directed that the matter be remanded back to the Court of Chief Judicial Magistrate under the provision of Section 228(1)(a).