Kuldeep Singh vs State of Punjab

K.C. Puri, J.—This is a revision petition against the order dated 2.1.2009, vide which the charge u/s 307 IPC was ordered to be framed against the accused and accordingly, he was charge sheeted.

The only grievance ventilated by the petitioner in the present case is that from the facts of the present case ingredients of offence u/s 307 IPC are not made out.

Learned Counsel for the petitioner has submitted that as many as two injuries were found on the person of injured, one is on the arm which is simple in nature and attract the provisions of Section 324 IPC only. He has further contended that other injury by blunt weapon on the abdomen. It is contended that leaned trial Court has not discussed whether charge u/s 307 IPC is made out or not. So, prayer has been made for acceptance of revision petition and setting aside the order of framing charge u/s 307 IPC.

Learned State counsel has stated at bar on the facts of the present case that State has no objection in case the trial Court apply its mind whether the ingredients of offence u/s 307 IPC are made out.

Consequently, the revision petition stands accepted. The order dated 2.1.2009 is set aside and the case is remanded back and the learned trial Court shall apply its mind whether the ingredients of offence u/s 307 IPC are also made out against the petitioner.

Parties are directed to appear before the learned trial Court on 11.5.2009.

Petition stands disposed of.

Order be conveyed to the concerned quarter.