DEEP CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners impugned the order of the Additional Sessions Judge for charging them under Section 307, Indian Penal Code, alongwith some other charges. Initially, the case against them was registered under Sections 323/441/427/148/149, Indian Penal Code. The injury which is stated to have been caused by one of the petitioners and for which the petitioners have been charged under Section 307, I.P.C. is of the following type : - "Lacerated wound 1/2 cm x skin deep on the left parietal bone of the scalp in almost in its middle and 3 cm. lateral to the mid -line. Advised X -ray."

(2.) IT is the undisputed position that subsequent to the further examination by the doctor, this injury was declared to be simple in nature.

(3.) WHAT appears to have impressed the lower Court for framing the charge under Section 307, I.P.C. is that at one stage i.e. December 18, 1985, the doctor declared this injury on police request as one which "may prove dangerous to life". Further, the Court also took, notice of the fact that on that date when the doctor examined the injured, namely Atma Ram, the later complained of pain in head and giddiness.