Sarfaraj Alias Munna And Others v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-1055-2025 Date of Decision: 28.05.2025 Sarfaraj @ Munna and others

...Petitioners

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Rahul Dahiya, Advocate for the petitioners.

Mr. Naveen K. Sheoran, D.A.G., Haryana.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 03.07.2024 Sadar Jagadhri 109(1), 115, 117(3), 190, 191(3), 351(3), 324(4) BNS 1.

Aggrieved by framing of charges in the FIR captioned above for commission of offence under Section 307 IPC, accused No.1 to 5 have come up before this Court by filing the present petition.

2.

Counsel for the petitioner submits that the motive was of the son of the victim and not of the accused and nature of injuries do not attract Section 307 IPC. 3.

I have seen the MLR as per which injury No.1 is present on the forehead 3 cm x 0.5 cm. The forehead is the vital part of human body and is sufficient to prima facie show intention of the accused person to kill the victim. Section 307 IPC is the offence when the person does not die and the intention was to kill. In this case, it cannot be decided at this stage whether intention was to kill or not but prima facie injury on the vital part indicates intention to kill.

4.

Given above, there is no illegality in the order of framing of charges under Section 307 IPC.

5.

At this stage, counsel for the petitioner wishes to withdraw the present petition/ 6.

Disposed of as withdrawn. All pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 28.05.2025 Jyoti Sharma Whether speaking/reasoned: Yes Whether reportable:

No.

Jyoti Sharma 2025.05.29 10:36 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh