STATE OF PUNJAB Vs. KESAR RAM

JUDGEMENT

(1.) This Revision Petition is directed against the order dated July 15, 1992 passed by the Additional Sessions Judge, Ropar, by which it was held that no case under section 307 Indian Penal Code is made out against the respondents and since the offences punishable under sections 307, 325, 148 Indian Penal Code read with section 149 are not exclusively triable by the Court of Sessions the case against the respondents was sent for trial to the Court of Chief Judicial Magistrate, Ropar.

(2.) Briefly stated the facts of the case are: That on the statement of Niranjan Singh, recorded on 14.8.1991, the case was registered vide F.I.R. No. 33 under sections 307, 325, 323, 148 read with Section 149, Indian Penal Code in Police Station Sohana. The case of the prosecution is that on 5.8.1991 at about 8.00 a.m., in village Bakarpur, Niranjan Singh and his brother, Norata Ram protested before Kesar Ram and his son Pirthi Chand, for the damage done to their Chari crop. Accused-respondent started abusing injured Niranjan Singh and picked up a danda and caused injuries on the left shoulder of Niranjan Singh. Raju, accused-respondent also came there armed with a lathi and caused injuries on the left arm, finger of left hand and palm of the right hand of Niranajan Singh. Gurnaib Singh alias Naib Singh and Ajaib Singh who are nephews of injured Niranjan Singh also came there. Pawan Kumar and Baljinder Singh, accused-respondents came there in the meantime. They were armed with lathies. Pawan Kumar, accused respondent caused injury on the right shoulder of Gurnaib Singh, Baljinder Singh, accused-respondent, caused injuries on the right arm of Ajaib Singh. Pawan Kumar, accused-respondent also caused injuries to Gurnaib Singh, alias Nilib Singh. Kesar Ram continued exhorting his co-accused to cause injuries. Accused-respondent Subhash Chand alias Bamba son of Pirthi Chand came there in the meantime armed with a lathi. Surinder Singh son of Niranjan Singh also came there on hearing the raula. Pawan Kumar and Baljinder Singh, accused-respondent started beating Surinder Singh with lathi. Pawan Kumar, accused-respondent caused injuries on the right knee of Surinder Singh. Baljinder Singh, accused-respondent hurled lathi on the head of Surinder Singh. Then Gurnam Singh and Nichittar Singh came there who intervened and rescued the injured from the accused-respondents. The accused-respondents then fled away from the place of occurrence.

(3.) The question in this case is whether injuries on Surinder Singh fall under section 325 Indian Penal Code or within the mischief of section 307 Indian Penal Code. When examined, two injuries were found on his person, one was on right knee joint and the other was lacerated wound of 2 x I on the right parietal region. Injury on right knee joint was declared grievous injury on parietal region which later on was opined as dangerous to life in absence of medical aid.