BASANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under section 482 Cr.P.C. filed by Basant Singh petitioner praying therein that a charge under sections 307 and 307/149 IPC framed by the Special Judge, Judicial Zone, Patiala vide his order dated 25.9.1984, be quashed.

(2.) THE petitioner along with his other co -accused, is alleged to have caused injuries to Ajit Singh, Mohinder Kaur and Harinder Singh. Ajit Singh suffered 19 injuries, out of which 18 were simple while injury No. 15 was grievous caused with a sharp edged weapon. Similarly Harinder Singh received 12 injuries out of which 10 were caused by blunt weapon while injuries 7 and 8 were caused by sharp edged weapon. All were simple in nature. Mohinder Kaur received 3 injuries at the hands of the petitioner and his co -accused. All were simple in nature caused with blunt weapon. Regarding the solitary grievous injury on the person of Ajit Singh with sharp edged weapon, the doctor who examined him opined in unequivocal terms that the injury was not dangerous to life. So I feel the material on the record does not justify the framing of the charge under sections 307 and 307/149 IPC and the charge for which the petitioner and his co -accused should be tried would be under sections 326 and 326/149 IPC. However, if at any stage, the trial Magistrate finds that some evidence has come forth to justify a trial under sections 307 and 307/149 IPC then he would be at liberty to commit the case to the Court of Sessions. This petition is thus allowed and charge under sections 307 and 307/149 is quashed.