DARSHAN SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Challenge by way of this revision petition, brought by Darshan Singh, is to the order dated 11.9.2012 passed by learned Additional Sessions Judge, Sirsa vide which the respondents have been charged

(2.) Learned senior counsel for the petitioner has submitted that the occurrence took place on 28.7.2010 in which Baljinder Singh and Bant Singh, respondents no.2 and 7 suffered injuries at the hands of the petitioner/complainant party. During the same occurrence, Darshan Singh, the petitioner as well as Sukhraj Singh suffered injuries. They were medico legally examined at General Hospital, Sirsa on 28.7.2010.

(3.) Sukhraj Singh was found to have suffered gunshot injury in the region of his left calf and on radiological examination, multiple radio opaque shadows of metallic density were seen in the left leg in soft tissue around tibia and fibula. According to him, the allegations have been that the firearm was used aiming at Sukhraj Singh and, consequently, firearm injury was suffered by Sukhraj Singh. He has submitted that there is wide difference between the offence punishable under section 307 IPC and section 285 IPC. According to him, when firearm is used on some person, the offence that prima facie stand committed is under section 307 IPC and not the one under section 285 IPC. He has further submitted that section 285 IPC makes punishable negligent conduct of a person with respect to fire or combustible matter. According to him, the case in hand is not one of negligent handling of the firearm even. He has further submitted that learned Additional Sessions Judge has given no reasons for not finding a prima facie case for an offence punishable