Punjab-Haryana High Court
Bhura Singh And Another vs State Of Haryana And Another on 24 July, 2012
Author: Sabina
Bench: Sabina
Crl.Misc. M No. 29222 of 2011(O&M)
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Criminal Misc. M No. 29222 of 2011(O&M)
Date of Decision: July 24, 2012
Bhura Singh and another ...........Petitioners
Versus
State of Haryana and another ..........Respondents
Coram: Hon'ble Mrs. Justice Sabina
Present: Mr.Raman Sharma,Advocate for the petitioners.
Mr.Satyavir Singh Yadav,Addl.A.G.Haryana
Ms.Rohini Bedi,Advocate for respondent No.2
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Sabina, J.
Vide this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short `Cr.P.C.') petitioners have challenged the order dated 24.8.2011 whereby the Court of revision while allowing the revision petition filed by respondent No.2 had directed the trial Court to frame the charge under Section 325 of the Indian Penal Code (for short `IPC').
The FIR No.50 dated 20.3.2006 was registered at Police Station Kalanwali, under Sections 323, 325,452,506 read with Section 34 IPC on the basis of statement of respondent No.2 Harjit Singh. The complainant had suffered injuries in the occurrence in question. Charge was framed against the petitioners under Sections Crl.Misc. M No. 29222 of 2011(O&M) 323, 452,506 read with Section 34 IPC on 9.1.2008. Thereafter, the prosecution concluded its evidence. Statements of accused under Section 313 Cr.P.C. were recorded. Complainant moved an application dated 6.8.2010 ( Annexure P1) for amendment of the charge. It was prayed that the charge under Section 325 IPC was liable to be framed against the petitioners. The trial Court dismissed the said application vide order dated 28.9.2010 (Annexure P6). However, the revision filed by the complainant-respondent No.2 was allowed by the Sessions Judge vide order dated 24.8.2011. Hence, the present petition.
After hearing the learned counsel for the parties, I am of the opinion that the instant petition deserves to be allowed.
Charge was framed against the petitioners under Sections 323, 452,506 read with Section 34 IPC after obtaining the opinion of the Board of Doctors of Post Graduate Institute of Medical Science (for short `PGIMS') Rohtak.
PW5 Dr.Shammi Jindal deposed on 26.3.2006 before the trial Court that he had examined PW6 Harjit Singh. He had found that his tooth No. 21 was missing and blood clot was present in the socket. Thereafter, opinion of the medical Board PGIMS Rohtak was sought.
DW3 Dr.Samir Dutta deposed that on 23.5.2006, he had medico legally examined Harjit Singh and reported that x-ray of patient revealed a complete healed socket in relation to the upper left central incisor. In his cross-examination, he deposed that the degree of bone foundation showed that the injury had occurred Crl.Misc. M No. 29222 of 2011(O&M) minimum six months before the date of examination of the patient by him.
The trial Court had dismissed the application for amendment of the charge after the examination of DW3. DW3 was examined on 25.8.2010, whereas, the application was dismissed by the trial Court on 28.9.2010. The said statement of DW3 was duly considered by the trial Court while passing order dated 28.9.2010. In view of the statement of DW3, the application filed by the complainant seeking amendment of the charge was liable to be dismissed as the tooth in question of the complainant had fallen of minimum four months prior to the occurrence. In these circumstances, the learned Sessions Judge erred in allowing the revision petition by taking the opinion of DW3 to be as," the said witness had merely stated that the injury might have been suffered six months prior to the date of examination by him",whereas, DW3 had categorically stated that the injury had occurred minimum six months prior to the date of examination by him. In these circumstances, the application seeking amendment of charge was liable to be dismissed.
Accordingly, this petition is allowed. The impugned order dated 24.8.2011 passed by the Sessions Judge in Civil Revision No. 295 of 2010 is quashed.
( Sabina ) Judge July 24,2012 arya Crl.Misc. M No. 29222 of 2011(O&M)