TULSA DEVI Vs. CHHOTA SINGH AND ANOTHER

JUDGEMENT

(1.) THIS petition is directed against the order of the learned Additional Sessions Judge, Bhatinda, dated May 2, 1980, vide which he has found prima facie case under sections 458, 323/34 and 336 of the Indian Penal Code against the respondents. Since these offences are triable by a Judicial Magistrate 1st Class, the learned Additional Sessions Judge directed the accused to be sent to the Court of the Chief Judicial Magistrate for proceeding with the case in accordance with law.

(2.) SHRI Mittal, learned counsel for the complainant contended that the charge is made out under section 307 of the Indian Penal Code as there is a firearm injury on the left thumb of the petitioner caused by the respondents and that they entered his house during night time. According to the medical evidence, the injury on the left thumb of Smt. Tulsa Devi was simple and it did not seem to be a firearm injury. Precisely, for this reason, the learned Additional Sessions Judge did not frame a charge under section 307 of the Indian Penal Code. Although offence under section 307 of the Code can be made out even if there is no injury. What has to be seen for framing the charge under section 307 of the Code is whether the accused had he intention to cause the murder of the victim or atleast had the knowledge that such an injury would cause death of the victim. In Sarvinder Singh alias Chinda and another v. The State : (1976) 78 P.L.R. 867:, (1976) 3 Cri. L.T. 588, Full Bench of this Court has observed as under: -

(3.) WITH the foregoing observations, the petition is dismissed.