Punjab-Haryana High Court
Dharmender vs Ajay Kumar Etc on 8 August, 2011
Author: Sabina
Bench: Sabina
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRR No. 2976 of 2009
Date of decision: 08.08.2011
Dharmender ..Petitioner
Versus
Ajay Kumar etc. ..Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. J.S. Hooda, Advocate
for the petitioner.
Mr. Vikas Kumar, Advocate
for respondent Nos. 1 to 6.
Mr. S.K. Hooda, Addl. AG, Haryana
for respondent No. 7.
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SABINA, J.
Petitioner has filed this petition challenging the order dated 04.11.2009, whereby Additional Sessions Judge held that no prima facie case was made out against the accused under Section 307 of Indian Penal Code ('IPC' short) and had remanded the trial to the Court of Chief Judicial Magistrate, Faridabad for trial under Sections 148, 149, 323, 324, 325, 326 and 506 of the IPC.
Learned counsel for the petitioner has submitted that as per report dated 31.7.2008 the Medical Board had opined the injury No. 2 and 3 on the person of Kevender Singh were dangerous to life. However the said report had not been taken into consideration by the learned Addtional Sessions Judge while passing impugned order.
Learned counsel for the private-respondents on the other hand has submitted that no reliance could be placed on the Medico CRR No. 2976 of 2009 -2- Legal Report dated 31.7.2008 as the Doctor, who has initially examined the injured had not been associated and the said report was prepared after lapse of 30 days of the occurrence.
After hearing learned counsel for the parties, I am of the opinion that the instant petition deserves to be allowed.
The private-respondents are facing trial in FIR No. 171 dated 3.7.2008 registered at Police Station Suraj Kund, Under Sections 148, 149, 323, 324, 325, 506 IPC. During investigation of the case offence under Section 307 IPC was also added.
After presentation of challan Magistrate committed the case to the Court of Sessions for trial as offence under Section 307 IPC was exclusively triable by the Court of Sessions. However, vide impugned order dated 4.11.2009 learned Additional Sessions Judge has remanded the trial to the Court of Chief Judicial Magistrate, Faridabad for trial after holding that no prima facie case under Section 307 IPC was made out.
A perusal of the impugned order reveals that the learned Additional Sessions Judge was influenced by the fact that there was no opinion of the doctor that the injuries on the person of the injured were opined to be dangerous to life and further complainant had not averred that the injuries were caused by the accused with the intention to kill him.
The medico legal report dated 31.7.2008 has been placed on record as Annexure P-2. A perusal of the same reveal that Board consisting of four Medical Officers had examined the injured on the said date and opined that the injuries Nos 2 and 3 were dangerous to life.
Thus, it is evident that learned Additional Sessions Judge while passing the impugned order has ignored the medico legal report dated CRR No. 2976 of 2009 -3- 31.7.2008 (Annexure P-2).Learned Additional Sessions Judge was required to take into consideration the said report while passing the impugned order. The said report is part of the challan and could not be ignored. The injured has been examined by the Board after about 30 days of the occurrence because the injured though was medico legally examined immediately after occurrence but thereafter the Board was consitituted to verify whether the injuries on the person of the Kevender Singh were dangerous to life or not.
In the facts and circumstances of the present case, it would be just and expedient to remand the case back to the learned Additional Sessions Judge for deciding the same afresh in accordance with law after taking in consideration all the relevant material on record.
Accordingly, this petition is allowed and the impugned order dated 4.11.2009 is set aside. Learned Additional Sessions Judge is directed to pass a fresh order in accordance with law.
(SABINA)
August 08, 2011 JUDGE
Poonam (II)