STATE OF PUNJAB Vs. HARKIRAT SINGH

JUDGEMENT

(1.) THE State of Punjab has filed the present petition vide which it has challenged the order dated August 17, 1999 passed by the Additional Sessions Judge, Sangrur, vide which the Court has declined to frame the charge under Section 3087, I.P.C., against the accused.

(2.) THE occurrence took place on November 17, 1998. The case was registered against the accused for the offences punishable under Sections 326, 324, 323 read with Sections 149, 148 and 452, Indian Penal Code. The case was converted to an offence punishable under Section 307, Indian Penal Code. At the time of framing of the charge, the plea taken by the Public Prosecutor was that an offence punishable under Section 307, Indian Penal Code, was clearly made out against the accused. The learned Additional Sessions Judge declined to accept the plea of the Public Prosecutor and held that no offence under Section 307, Indian Penal Code, was made out.

(3.) IT has been contended by Shri Shailender Malik, learned Assistant Advocate General, Punjab, that Gurmit Singh injured had received as many as eight injuries on his person and injury Nos. 1 and 5 were incised wounds and were grievous in nature. According to him, the nature and the number of the injuries suffered by Gurmit would show that the intention of the accused was to cause his death. Thus, according to the learned counsel for the State, prima facie a charge under Section 307, Indian Penal Code, is made out. In support of his contention, he has placed reliance on Harnek Singh alias Neka and others v. State of Punjab, 1992(3) Recent Criminal Reports 422.