SANTOSH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON challan under Sections 326/324/450/34, Indian Penal Code, having been filed against Paras Ram, Raju and Sham Lal in FIR No. 168 dated 25.10.1991, P.S. Sadar, Hoshiarpur, the learned Additional Chief Judicial Magistrate, Hoshiarpur, after examination of material on record came to the conclusion that the injuries on the person of Santosh Singh, injured, having been caused with sharp-edged weapon and being grievous in nature, were punishable under Section 326, IPC with life imprisonment and, therefore, prima facic, a case under Sections 326/324/450/34, Indian Penal Code, was made out against the accused. He further found that since the offence under Section 450 IPC was exclusively triable by the Court of Sessions, therefore, he committed the case to that Court vide his order dated 3rd of February, 1992. After commitment, the learned Additional Sessions Judge after hearing the parties on the question of framing of the charge, came to the conclusion that the learned Magistrate was in error in holding that prima facie the accused had also committed an offence under Section 450, Indian Penal Code. He found that they could only be charged under Section 452 in addition to other offences under Sections 24 and 326 read with Section 34, Indian Penal Code, an, therefore, vide his order dated 28th February, 1992, he sent the case back to the Magistrate for trial. The said order of the Additional Sessions Judge has been impugned in this revision petition.

(2.) I have heard the learned Counsel for the parties.

(3.) IN reply, learned Counsel for the respondents has argued supporting the impugned order.