NARESH KUMAR SEHGAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a revision petition against the order dated May 5, 2012 passed by the Sessions Judge framing charges under Section 307 Indian Penal Code against the petitioner for having caused hurt to Surinder Singh Bedi by means of Kapa as the said Act could have caused the death of complainant and the petitioner would have been guilty of murder.

(2.) Counsel for the petitioner has submitted that while granting concession of pre-arrest bail to the petitioner, it has been observed that the nature of the injury is debatable to be grievous. It has been submitted by the counsel for the petitioner that the simple case of assault has been projected as a case of attempt to murder whereas no incident had even taken place.

(3.) I have heard learned counsel for the petitioner and gone through the police record and I am of the opinion that for conviction under Section 307 IPC, the prosecution is required to prove not only the intention to kill by any precise evidence which could be measured by any straight jacket formula. Whether the accused had an intention to cause death or such an injury which could cause death has to be determined on the basis of cumulative effect of the seat of injury, nature of weapon used, the extent of power used and the preparation made. Whether the petitioner had any intention to cause death or to cause an injury which could cause death would be determined on the basis of evidence produced. In the present case, the nature of the injury is not sufficient enough to arrive at a conclusion whether offence under Section 307 Indian Penal Code is made out or not. At the time of framing of charges, the prima facie evidence is only required to be seen. Considering the facts and circumstances, the nature of the injury, seat of the injury and the mode of user of weapon, prima facie the offence under Section 307 Indian Penal Code appears to be made out but it will be open to the petitioner to rebut the said circumstances. It will be open to the trial Court to form any opinion on appreciation of evidence whether it is a case of intention to cause death or the circumstances warrant acquittal or grant of lesser punishment at the time of final adjudication of the matter.