SARDAR SINGH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) Heard and perused the case record. The revision by the State and the petition under Sec. 482 Crimial P.C. by Sardar Singh, injured, petitioner, are directed against the order of the learned Addl. Sessions Judge, Kotputli, passed under Sec. 227/228 Crimial P.C. and directing that the charges for offence under Sections 147 and 323 Penal Code be framed against the accused in the case and they be tried accordingly. By the aforesaid order the learned Sessions Judge did not find a prima-facie case for offences under Sec. 307 Penal Code against any of the accused persons and that has caused grievance to the State as well as to the injured person. Since an order framing charges or directing to frame charge is an order revisable under Sec. 397 Crimial P.C. and the State had already preferred a revision against such order, the petitioner's petition under section 482 Crimial P.C. is also directed to be treated as a revision under Sec. 397 Crimial P.C. the learned counsel for the petitioner Sardar Singh shall assist the Public Prosecutor in the matter before this court.

(2.) On 14.4.95 at 12.20 a.m. Sardar Singh reported to the SHO, p/s Pragpura that on the previous night when he was sitting at own house Suraj Mai Mahajan informed him of a quarrel having broken out at the house of Sadhu Ram. Sardar Singh happened to be the Sarpanch of the village panchayat and, therefore, he went to the house of the Sadhu Ram and when he was inquiring about the incident the accused in the present case is alleged to have opened an attack.................Singh and caused him injuries with blunt weapon. On the basis of this report Crime No. 70/95 for offence Under section 147, 451, 323 Penal Code was registered by the police. After investigation of the case the accused were, however, charge-sheeted for having committed offence punishable under section 307 Penal Code as well, as in the course of investigation the police collected evidence to the effect that the injuries caused to Sardar Singh were dangerous to his life and, therefore, a case of attempt of murder was made out. The learned Magistrate committed the case to the learned Addl. Sessions Judge at Kotputali who after hearing the parties Under section 227/228 Crimial P.C. formed the opinion that the accused persons may be tried for the offences Under section 147 and 323 Penal Code only as there was no sufficient material for framing the charge for offence punishable under Sec. 307 Penal Code against the accused persons.

(3.) The learned counsel for the State and for the injured invited my attention to the medical report and opinion of the Doctors in respect to the likely consequences of the injuries sustained by Sardar Singh, injured, and submitted that the learned Addl. Sessions Judge should not have shifted the evidence in a way so as to record a finding of not guilty of the accused for offence under Sec. 307 IPC. In this behalf the view expressed by this court in the case of Lala Ram Vs. Idris & Ors. S.B. Cr. Revision Petition No. 493/97 dated 12.5.98 and Dhanna Ram Vs. Rohitash & Ors. S.B. Cr. Revision Pet. No. 93/96 dated 27.8.97 here referred to. On the other hand Mr. A.K. Gupta, the learned counsel for the respondents highlighted the fact that when the injured was examined by a medical board, constituted for the purpose, by Board clearly opined that none of the two injuries, sustained by Sardar Singh was grievous in nature. On the basis of such a report of the medical board it was submitted that the learned Addl. Sessions Judge was justified in toning down the case and remitting the same to the learned Addl. C.J.M., Kotputali, for trial of the accused for offence under section 147 and 323 IPC.