Randhir and Others vs State of Haryana and Another

Rajan Gupta, J.—This is a petition preferred by the petitioners against the order dated 22.5.2010 (Annexure P-1 (colly) whereby charge

was directed to be framed against the accused under Sections 148/323/324/307 read with Section 149 IPC.

Learned Counsel for the petitioners assails the order framing charge on the ground that offence u/s 307 IPC is not made out. According to him,

the complainants never stated before the investigating agency that injuries were inflicted by the accused with intention to kill. This apart, he submits

that injury No. 1 was declared dangerous to life after two months of the occurrence.

I have heard learned Counsel for the petitioners.

It is evident that during investigation, the investigating agency came to the conclusion that offence u/s 307 IPC was made out. The injured were

referred to Pt. B.D. Sharma P.G.I.M.S., Rohtak, where one of the injuries was kept under observation. The said injury was on the parietal bone.

Subsequently, on 24.4.2010, the said injury was declared dangerous to life vide report dated 5.4.2010 (Annexure P-5 (colly). Resultantly, the

accused were charged u/s 307 IPC. Since the present revision petition is directed only against the framing of charge, scope of interference by this

Court is limited. All the issues raised before this Court can be gone into by the trial court at the time of trial.

The revision petition is devoid of merit and is hereby dismissed.

Nothing said hereinabove shall, however, be taken as an expression of opinion on the merits of the case.