Punjab-Haryana High Court
Makhan Singh And Others vs State Of Punjab on 7 October, 2013
CRR No. 2895 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRR No. 2895 of 2013
Date of Decision : 07.10.2013
Makhan Singh and others .......Petitioners
Versus
State of Punjab ..... Respondent
CORAM: HON'BLE MR. JUSTICE R.P. NAGRATH
Present: Mr. N.K. Singla, Advocate
for Mr. Dinesh Kumar, Advocate
for the petitioners.
Mr. Mikhail Kad, AAG, Punjab.
R.P. NAGRATH, J. (Oral)
The main argument of learned counsel for the petitioners is that trial Court has not applied its mind while holding that Sections 455 and 459 IPC are attracted.
The prosecution story was that the petitioners scaled over the wall, entered the house and caused hurts to the complainant and others. Section 459 IPC would read as under:-
459. Grievous hurt caused whilst committing lurking house trespass or house-breaking -- Whoever, whilst committing lurking house-trespass or house-
breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Thus Section 459 IPC is attracted if hurt/grievous hurt Jitender Kumar 2013.10.10 16:03 I attest to the accuracy and integrity of this document Chandigarh CRR No. 2895 of 2013 -2- etc. is caused whilst committing lucking house trespass or house breaking. The trial Court, however, passed the order dated 23.08.2013, which reads as under:-
" Heard. A prima facie case under Sections 323, 455, 459 and 34 IPC is made out against the accused. The accused have been charge-sheeted, accordingly, to which they pleaded not guilty and claimed trial.
Now prosecution witnesses be summoned for 12.9.2013."
This order it seems to have been passed without looking into the ingredients of Section 459 IPC.
The above contention of learned counsel for the petitioner is therefore, required to be addressed. Of course, if the case for framing charge under Section 459 IPC is still prima facie made out, the trial Court will be at liberty to do so. The impugned order is set aside and trial Court is directed to pass fresh order in the matter of charges in accordance with law.
The instant revision is disposed of with aforesaid observations.
October 07, 2013 (R.P. NAGRATH )
jk JUDGE
Jitender Kumar
2013.10.10 16:03
I attest to the accuracy and
integrity of this document
Chandigarh