RAVINDER SINGH AND ANR. Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED has invoked revisional jurisdiction of this Court, assailing the order dated 26.10.2010 passed by Addl. Sessions Judge -II, Fatehabad in Case No. 22 -SC pursuant to FIR No. 77 dated 18.4.2010 under Section 326/307/452/34 IPC registered at Police Station Bhuna, District Fatehabad whereby request of the accused to discharge him has been declined and charges against the accused under Sections 452, 326, 307 read with Section 34 IPC have been framed.

(2.) IN nutshell prosecution story is that Suman Devi has lodged an FIR against the accused with the allegation that her Dever Dara Singh is a vagabond type of person and about 6 -7 years ago, he had brought a vagabond (Awara type) woman and had started living in our neighbourhood. Ravinder son of Ranjit Caste Chamar Resident of Lahrian used to remain lying there day and night and they had been indulging in wrong activities. Suman Devi and her husband had counseled them many a times but they did not mend their ways. On that account they had a quarrel with them many a times. The Panchayat and the members of the family had got the matter compromised and he had taken away that woman with him and had gone away from the village but he was nursing a grievance on that account that they had spoiled (destroyed) his house. On 18.4.2010 she and her husband alongwith their children were sleeping in the courtyard of the house. At about 4.00 PM her Daver Dara Singh who was carrying a bottle containing acid in his hands and Ravinder who was carrying a Gandasi in his hands came there. On hearing their noise, she and her husband had woken up and both of them stated that they would teach a lesson to us for ruining their house. After saying so, Ravinder had given a gandasi blow on the right arm of her husband and on her back and Dara had thrown acid on the face of my husband. Some drops of the acid had also fallen on her body. On that account, the face (mouth) and the body of her husband was burnt and his left eye was totally lost. On our noise, our neighbourer Mahender Singh Balmiki and Puran Rewari reached the spot. On seeing the, Dara and Ravinder had run away from the spot. They were taken to CHC, Bhuna and thereafter, they were taken to G.H., Fatehabad and from there they had come to Agroha Medical (College and Hospital).

(3.) LEARNED Magistrate committed the trial to Sessions Judge and before the learned Addl. Sessions Judge, learned Counsel for the accused had argued discharge of the accused from the charges under Section 307 IPC on the ground that injuries suffered by the injured are although grievous in nature but not dangerous to the life, hence, charges under Section 307 IPC can not be said to have been made out against the accused. Learned Addl. Sessions Judge did not agree with the accused and declined to discharge the accused from the charges under Section 307 IPC.