Punjab-Haryana High Court
Rajiv Gupta @ Nika Pandit vs State Of Punjab And Another on 25 May, 2011
Author: Ritu Bahri
Bench: Ritu Bahri
Criminal Revision No.795 of 2008 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Revision No.795 of 2008
Date of decision:-25.5.2011
Rajiv Gupta @ Nika Pandit
...Petitioner
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present:- Mr. Pawan Kumar, Sr. Advocate with
Mr. Saqib Ali Khan, Advocate
for the petitioner.
Mr. Guninder S. Brar, AAG Punjab.
RITU BAHRI J.(Oral)
Challenge in this revision petition is to the order dated 02.4.2008 whereby the petitioners have been put to charge under Sections 308,382,452 and 212 IPC read with Section 34 IPC.
The injuries attributed to the petitioner Rajiv Gupta @ Nika Pandit is with gandasi. As per statement made by the complainant Rajinder Kumar, the second blow was given by Rajiv Gupta @ Nika Pandit with gandasi and in order to save himself it hit on the wrist of his left arm.
Reply has been filed on behalf of State. As per MLR no injury was found on the head of the complainant. As per x-ray examination report (Annexure P-3) there was no fracture found and all the injuries were simple in nature. Counsel for the State has argued that the complainant was attacked by the accused and even though the injuries wee simple but the intention was to Criminal Revision No.795 of 2008 -2- cause grievous injuries as he was dragged out from his shop and beaten mercilessly.
As per MLR all the injuries are simple in nature and the order dated 02.4.2008 is set aside and the matter is remanded back to the Court of Additional District & Sessions Judge, Jalandhar to pass afresh order after taking into consideration the medical report.
The criminal revision is disposed of accordingly.
May 25, 2011 ( RITU BAHRI ) Vijay Asija JUDGE