PRABHDEEP SINGH Vs. STATE OF H P

JUDGEMENT

(1.) This judgment shall dispose of the present criminal revision petition and also the connected petitions filed by the petitioners, arising out of FIR No. 49 of 2016, registered against them in Police Station Dalhousie, District Chamba.

(2.) It is seen that the Investigating Agency has filed the final report and the case registered as P.C. No. 45 of 2016 is pending disposal in the Court of learned Addl. Sessions Judge, Chamba, District Chamba, H.P. Learned trial Court, on finding a prima-facie case made out against the accused petitioners, has framed charge against them under Sections 326, 307 IPC with the aid of Section 149 IPC and also under Section 147 IPC again with the aid of Section 149 IPC. The charge, so framed against them is Annexure P-1.

(3.) The legality and validity of the framing of the charge against the accused-petitioners has been assailed on the grounds that the injury sustained by Sh. Nagesh Mahajan, the victim of the occurrence, being not on vital part of his body and being on his hand was not dangerous to life. Also that the opinion of the Medical Officer based upon the treatment of the victim of the occurrence in some private hospital cannot be relied upon.