Umed Singh And ORS v. State Of Haryana And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRR No.4570 of 2017 (O&M) Date of Decision: December 07, 2017 Umed Singh and others

...Petitioners

VERSUS

State of Haryana and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Sunny Bhardwaj, Advocate for the petitioners.

**** INDERJIT SINGH, J.

The present revision petition has been filed by petitioners against respondents State of Haryana and Jitender, challenging the impugned order dated 26.10.2017 passed by learned Addl. Sessions Judge, Bhiwani I have heard learned counsel for the petitioners and have gone through the record.

From the record, I find that in the present case, during the trial, it was argued that no offence under Section 307 IPC is made out as the injured have received simple and grievous injuries by blunt weapons and as per opinion obtained by the police regarding the injuries on the person of injured, the same were not declared as dangerous to life. Learned Addl. Sessions Judge, Bhiwani, held that as per the allegations, the accused persons ran over the tractor on complainant's body with intention to kill him and from the evidence collected by the Investigating Officer, prima facie case is made out under Sections 148, 323, Vineet Gulati 2017.12.22 09:48 I attest to the accuracy and authenticity of this document Chandigarh

CRR No.4570 of 2017 -2325, 307, 506 and 149 IPC.

I have also gone through the FIR got registered by Jitender, who stated that he along with his nephew Joginder was standing near bus stand. In the meantime, Umed came in a Swift Dzire. Deepak and Kanwarpal came on separate motorcycles and Rajender came driving Farm Tract 60 Tractor and Sonu and Mahender were sitting on the tractor. All of them halted near them and they were armed with lathis and dandas. It is also stated that a lalkara was raised to eliminate them. Umed tried to run his swift car over complainant and his nephew but they saved themselves by jumping aside. Then, Rajender tried to run his tractor over them and complainant's nephew jumped aside but the complainant was run over by the tractor causing injury on his right leg and thigh.

Keeping in view the allegations in the FIR, I find that prima facie, offence under Section 307 IPC is made out. At this stage, the trial Court is not to weigh the evidence for the purpose of conviction and the defence version of the accused is also not to be looked into. In view of the above discussion, I find that no illegality has been committed by learned trial Court while framing the charges under Section 307 IPC. The impugned order dated 26.10.2017 passed by learned Addl. Sessions Judge, Bhiwani is correct, as per evidence and law and does not require any interference from this Court. Therefore, finding no merit in the present petition, the same is dismissed.

December 07, 2017 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2017.12.22 09:48 I attest to the accuracy and authenticity of this document Chandigarh