RAKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) VIRANDER Kumar alias Pappu, Bablu and the petitioner Rakesh Kumar alias Kesha are alleged to have given injuries to one Vimal Kishore. According to the medico-legal report dated 11 th October, 1987, produced in Court, Vimal Kishore received two incised wounds and an abrasion. The abrasion was described as simple and -the two incised wounds were kept under observation. The record shows that after X-ray examination, injury No. 1 which is on the right side of lumber region, 1-1/2 cms. away from midline, has been described as dangerous to life. Vimal Kishore is said to have remained in the hospital only for some days where-after he was discharged. Virender Kumar and Bablu have already been released on bail by the lower Court although Virender Kumar is said to have given a knife blow on the left flank of Vimal Kishore. The description of injury No. 1 as dangerous to life cannot definitely bring the offence under section 307, Indian Penal Code, as held by a Division Bench of this Court, because an injury which is dangerous to life is covered by the definition of 'grievous injury' as given in section 320, IPC.

(2.) IN view of the foregoing discussion, I do not find any distinguishing feature in case of the present petitioner Rakesh Kumar especially when Virender Kumar has been released on bail, and the injury caused by him on the left flank of Vimal Kishore has also been found to be grievous.

(3.) NOTHING said above shall be taken as an expression of opinion on the merits of the case at the time of trial. Order accordingly.