JANGIR SINGH Vs. SUKHDEV SINGH AND OTHERS

JUDGEMENT

(1.) This petition filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity "Criminal Procedure Code") prays for quashing order dated 25.8.2004 passed by the learned Sessions Judge, Sangrur upholding the order dated 9.9.2003 of Additional Chief Judicial Magistrate, Sangrur whereby application filed by the complainant/petitioner has been dismissed. The prayer made in the application was that the case should be committed to the Sessions Court as offence under Section 307 Indian Penal Code has been made out. The F.I.R. was registered on the statement made by one Jangir Singh. The narration of allegations in the FIR shows that on 23.1.2003 at about 1.00 P.M. the accused were installing submersible motor in the land purchased by them. The complainant is also a co-sharer in that land. Jangir Singh and his son Sukhpal Singh made an attempt to stop the accused from installing submersible pump. In the process a scuffle took place and there was exchange of filthy abuses between the parties. Jangir Singh accused and Raghbir Singh armed with iron rods raised a Lalkara to teach them a lesson and injuries were caused to the complainant and Sukhpal Singh. The medical report did not indicate that any of those injuries was dangerous to life. All the injuries were said to have been caused by blunt weapon except one injury on the person of Jangir Singh complainant.

(2.) When the case came up for consideration for framing of charge, the complainant/petitioner filed an application before the Magistrate for committing the case to the Court of Sessions and the application was dismissed vide order dated 9.9.2003 passed by the Magistrate. The Revision Petition filed against the afore-mentioned order has been dismissed by the Court of Sessions. It has been found by the Court of Sessions that only one injury on the palmer aspect of right hand was caused by a sharp edged weapon whereas rest of injuries appeared to be caused by the blunt weapon. Similarly, none of the injuries on the person of Sukhpal Singh was reported to be caused with a sharp edged weapon. These were contusions or abrasions. It was also found that all the injuries except one on the cervical area of the neck and right occipital parietal area were on non-vital parts of the body.

(3.) The contention of complainant/petitioner that intention has to be gathered from the manner in which the occurrence has taken place and not merely from the seat of injuries or weapon used, was rejected by the learned Sessions Judge. It was further observed that there is no medical opinion expressed by the doctor that injuries were dangerous to life and, therefore, the learned Sessions Judge held that at this stage, no offence under Section 307 or 308 Indian Penal Code was made out and dismissed the Revision Petition. Feeling aggrieved, the complainant/petitioner has approached this Court.