RANJIT SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have challenged the order dated 7.5.2013 passed by Additional Sessions Judge, Ferozepur whereby they have been charged for offences under Sections 307, 325, 323 read with Section 34 IPC. Initially, FIR No. 84 dated 15.5.2010 was registered at the instance of complainant -Major Singh at Police Station Sadar Ferozepur for offences under Sections 307/325/324/323/34 IPC against the petitioners for causing injuries to him. After completing the investigation of the case, the police presented final report under Section 173 Cr.P.C. for trying the petitioners for the offences under Sections 325/324/323/34 IPC. In the meantime, private criminal complaint was also instituted by Major Singh against the petitioners for having committed offences under Sections 307/325/324/323/34 IPC. It was alleged therein that the attack was launched upon him with an intention to kill him and in the occurrence, he had received injury on his left ear. During preliminary evidence, the complainant examined CW1 Dr. Kamal Kant of Tarlok Hospital, Ferozepur, who deposed that he had medico -legally examined the complainant and found four injuries on his person. Injury No. 1 was a swelling on the left shoulder, while injury No. 2 was a swelling on the right side of jaw. Injury No. 3(A) was swelling over the left side of forehead with haemotoma of size 1" x 1/2". Injury No. 3(B) was a cut mark on the left side of the temporal bone. He further deposed that injury No. 3 could be dangerous to life as it was over the left side of forehead, i.e. temporal bone of injured Major Singh. After analysing the evidence, learned Additional Chief Judicial Magistrate, Ferozepur vide order dated 15.12.2011 summoned the petitioners to face trial under Section 307 IPC also as they were already facing trial for the remaining offences.

(2.) LEARNED counsel for the petitioners has submitted that in the FIR lodged by Major Singh he had not stated that the accused had launched attack upon him with an intention to kill him. Further, injury No. 3(B) was not specifically described to be dangerous to life and the only reason given by Dr. Kamal Kant that the said injury coube dangerous to life was that it was on the left side of forehead, i.e. temporal bone. Therefore, the order passed by the Additional Sessions Judge, Ferozepur while directing framing of charge under Section 307 IPC against the petitioners be set aside.

(3.) AT the stage of framing of charges, the material available on the file is not to be analysed or appreciated thread -bare as the same is to be reserved for the final stage of the case. At the stage of framing of the charges even strong suspicion is sufficient for framing charge against the accused, like the offence under Section 307 IPC in the present case. It is true that in the FIR lodged by Major Singh, he had not stated that the attack was launched upon him with an intention to kill him but while filing the criminal complaint he was categoric enough to state that attack launched upon him was with an intention to kill him. As regards the nature of injury No. 3, it may be mentioned that at this stage it is sufficient to direct the framing of charge under Section 307 IPC as doctor had declared that it could be dangerous to life. However, it would be open to the accused at the appropriate stage to convince the Court that the opinion given by the doctor was not sufficient to convict them for the offence under Section 307 IPC. In view of the above, there is no merit in the petition, which is, accordingly, dismissed.