JASWANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN Sessions Case No. 86 of 1995, the learned Additional Sessions Judge, Jagadhri, after perusal of report under Section 173, Code of Criminal Procedure, statements of witnesses and medical report, found that a prima facie case under Sections 307/323, Indian Penal Code, read with Section 34, Indian Penal Code, was made out against the accused persons and ordered the framing of charge for the said offences vide his order dated February 2, 1996. Feeling aggrieved, the accused filed the present Revision Petition.

(2.) BRIEF facts of the case are that on the complaint of Baldev Singh, on April 8, 1994 at about 9 p.m., a meeting of the Gram Panchayat was convened in which respectables of the village participated. The complaint was to the effect that some boys of the village teased the womenfolk of the complainant. However, no decision could be taken on the said complaint and all the persons attending the Panchayat meeting dispersed. Mam Raj petitioner got enraged and remarked that he could not allow the brother of Baldev Singh to be Sarpanch of the village. Mam Raj also in another tone said that the complainant, i.e. the younger brother of the Sarpanch, be caught hold. At this, Phool Chand son of Sadha Ram raised a lalkara and Gian Chand son of Baru Ram caught hold of Baldev Singh. In the meantime, Jaswant Singh petitioner who was holding a saria, gave a blow with the same on the right side of forehead of Baldev Singh and Mam Raj petitioner gave him slaps and fist blows. Baldev Singh raised a noise mar dia, mar dia, which attracted Ramesh son of Surta Ram and Ram Saran son of Mehar Singh to the scene of occurrence and they rescued Baldev Singh from their clutches. Thereafter, all the accused persons went away from the spot uttering that they would see him again. As a result of injuries, Baldev Singh fell down and his brother Lajja Ram took him to Primary Health Centre, Sadhaura. It appears that thereafter the injured was referred to P.G.I., Chandigarh. On receipt of information from the Doctor, Head Constable Dharam Pal, Police Station Sadhaura, made an application, copy Annexure P-2, to the Medical Officer, P.G.I., Chandigarh, for obtaining opinion as to whether the injury on the person of Baldev Singh was dangerous to life, or not. On medical examination, the Doctor found the following injury on the person of Baldev Singh :

(3.) IN Tej Ram v. The State of Punjab, 1978 P.L.R. (Pb. and Har.) 76, the Doctor who medically examined the injured gave his opinion that the injury in question was