RANA VERMA Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The present petition directs challenge against order dated 30.11.2015 passed by the Additional Sessions Judge, Jalandhar whereby the petitioner has been charged for committing offence punishable under Sections 307, 323, 506, 406 and 498-A of the Indian Penal Code (in short 'IPC').

(2.) Counsel for the petitioner, at the outset, would submit that he confines his prayer only qua charge under Section 307 IPC. It is argued that taking into consideration statement of the complainant, medico legal report and x-ray report qua injury described at Sr. No.3 of the MLR, no offence under Section 307 IPC is made out against the petitioner, therefore, order passed by the trial Court framing charge under Section 307 IPC is liable to be set-aside. In addition, it is argued that in FIR No.190 dated 11.12014 registered at Police Station Division No.3, Jalandhar for offence under Sections 307, 323, 506, 406 1 of 4 ::: Downloaded on - 18-04-2017 10:45:44 ::: CRR No.708 of 2016 (O & M) 2 and 498-A IPC, the complainant levelled allegations against several other family members of the petitioners namely Dina Nath, Darshna Rani and Sanjeev Verma but they were found innocent during investigation and challan was presented only against the petitioner. In support of his contention, he has referred to judgment of this Court "Gurmit Singh v. U.T. Chandigarh" 2003(1) RCR (Criminal) 535.

(3.) Counsel for the State assisted by Sh. K.S. Ahluwalia, Advocate for respondent No.2 has supported the impugned order with the submission that charge can be framed even on the basis of strong suspicion and at this stage, it is not within the domain of trial Court to examine if the materials on record would eventually lead to conviction of the accused or otherwise. In this context, reference has been made to judgment of Hon'ble the Supreme Court of India "State of M.P. v. Kashiram and others", 2009(1) RCR (Criminal) 956.