GURMIT SINGH Vs. U T CHANDIGARH

JUDGEMENT

(1.) is Revision Petition is against the order dated 12-11-1990 passed by the learned Additional Sessions Judge, Chandigarh, to the limited extent that charge has also been framed under Section 307 of the Indian Penal Code (in short I.P.C.).

(2.) The facts leading to the case are that case FIR No. 126 dated 3-11-1989 under Sections 147, 149, 324 and 506, I.P.C. was registered against the accused, who are petitioners in this case, at Police Station North, Chandigarh, at the instance of Haraj Singh Sidhu, complainant. It is only at the time of filing challan that the offence under Section 307, I.P.C. was also added. Accordingly, the case was committed to the Court of Session, and by the impugned order dated 12-11-1990 charge under Section 307, I.P.C. in addition to other offences has been framed against the petitioners. The occurrence in the case relates to an incident at the Chandigarh Club on 3-11-1989. The complainant alleges that he was abused without any rhyme or reason by the petitioner Gurmeet Singh alias Nikka on 2-11-1989. The reason for abusing him was that the complainant was opposing him in the Club elections. The complainant ignored the incident. However, on 3-11-1989, at about 10 p.m. the complainant went to the club where Jaswinder Singh Bhaika and Narinder Singh Sandhu met him and Jaswinder Singh invited him for a drink. In the bar the accused petitioners along with three other companions were standing and a scuffle ensued. Gurmeet Singh alias Nikka tripped the complainant who fell down. Then his younger brother Binny who was holding a beer bottle in his hand broke it by hitting on the ground and hit the complainant on his left arm. Nikka who was holding a soda bottle in his hand broke it by hitting it on the ground and hit the complainant twice on his head. Nikka's brother-in-law gave fist blows on the face of the complainant and the other three companions kicked and hit the complainant with fist blows. On account of which the complainant was injured and he was shifted to P.G.I. where he was medically examined. Five injuries were found on the person of the complainant. These injuries were simple in nature.

(3.) I have heard the learned counsel for the parties.