LAWS(P&H)-2005-11-41

RAM KUMAR Vs. STATE OF HARYANA

Decided On November 29, 2005
RAM KUMAR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS is a revision petition against order dated 26.20.2005 of Additional Sessions Judge, Fast Track Court, Kurukshetra whereby accused- petitioner was directed to be charge-sheeted for offence under Sections 307/323/325/332/353/394/186 IPC. Vide that order, request of the petitioner for dropping offence under Section 307 IPC and sending the case to the Magistrate for trial had been declined.

(2.) COUNSEL for the petitioner has argued that on medical examination of Shamsher Singh, the injuries had been found simple and, therefore, there was no case for offence under Section 307 IPC.

(3.) IT as been further pointed out by counsel for the petitioner that two FIRs - one bearing No. 54 dated 3.4.2005 (copy Annexure P-1) was recorded at the instance of Presiding Officer, Booth No. 97, Jyotisar, whereas present FIR No. 55 dated 4.4.2005 (copy Annexure P-2) had been recorded on the statement of Head Constable Shamsher Singh regarding that very occurrence.