Crl.Rev.No.1427 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.Rev.No.1427 of 2008 Date of Decision: 7.5.2009 Manju Bala @ Mona .....Petitioner Vs. State of Punjab and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. A.K. Khunger, Advocate for the petitioner. Mr. B.B.S. Teji, AAG, Punjab for respondent no1. Mr.R.K.Girdhar, Advocate for respondents no.2 to 4. .... RAJIVE BHALLA, J (Oral) The petitioner challenges order dated 3.5.2008, whereby the Chief Judicial Magistrate, Muktsar, declined to frame a charge under Section 307 of the Indian Penal Code and instead framed charges under Sections 326,498-A read with Section 34 of the Indian Penal Code. Counsel for the petitioner submits that a prima facie appraisal of the FIR and the statements recorded by the police, clearly establish that the petitioner was set on fire and suffered 15% burn injuries to her abdomen. These facts are by themselves sufficient to attract the provisions of Section 307 of the Indian Penal Code. The learned court below, therefore, committed an error in rejecting the prayer for framing of a charge under Section 307 of the Indian Penal Code. Crl.Rev.No.1427 of 2008 2 Counsel for respondent no.2 submits that PW-1 Dr.Ranju Singla has deposed that the burn injuries could have been caused by fall of hot water or hot tea and, therefore, the petitioner's statement that she was set on fire is false. It is further submitted that while framing charges, the trial court has considered the matter in its entirety. The revision petition should therefore, be dismissed. Counsel for the State of Punjab submits that he supports the arguments addressed by counsel for the petitioner, as the material on record clearly discloses the commission of an offence under Section 307 IPC. I have heard learned counsel for the parties, perused the FIR, the material appended with the final report and the impugned order. Section 307 of the Indian Penal Code punishes a person, who does an act with such intention or knowledge and under such circumstances that if he had by such act caused death, he would be guilty of murder. The key to an offence under Section 307 of the Indian Penal Code lies in the intention and/or knowledge and not in the nature of the injury alone. The court below rejected the prayer for framing a charge under Section 307 primarily on the ground that the petitioner suffered 15% burn injuries. In my considered opinion, the question that required consideration at the stage of framing charges, was whether there was any material to infer intention or knowledge to commit an act punishable under Section 307 of the Indian Penal Code. Consequently, without expressing any final opinion, as to whether the respondents should be charged or not for an offence under Section 307 of the Indian Penal Code, the present petition is disposed of with a direction to the trial court to reconsider, the material and the Crl.Rev.No.1427 of 2008 3 evidence on record in the exercise of its power under Section 216 of the Code and if it discloses the commission of an offence under Section 307 of the Indian Penal Code, proceed to amend the charge accordingly. Parties are directed to appear before the trial court on 29.05.2009. 7.5.2009 (RAJIVE BHALLA) GS JUDGE