Crl.Rev.No. 2987 of 2010 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Crl.Rev.No. 2987 of 2010 (O&M) Date of decision: 2.8.2011 Santokh Singh and others ......Petitioners Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Naveen Batra, Advocate for the petitioner. Mr.G.S.Brar, AAG, Punjab. Mr.Vikas Sharma, Advocate, for the complainant. **** SABINA, J. Petitioners have filed this petition under Section 401 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) challenging the order dated 10.9.2010 (Annexurfe P-5) passed by the Additional Sessions Judge, Fast Track Court, whereby charge was ordered to be framed against them under Section 307 of the Indian Penal Code, 1860 (IPC for short) also. Crl.Rev.No. 2987 of 2010 (O&M) 2 Learned counsel for the petitioners has submitted that as per the medical opinion, the injuries on the person of the injured were simple in nature and hence, no offence under Section 307 IPC could be said to be made out against the petitioners. Learned State counsel and learned counsel for the complainant, on the other hand, have submitted that the injuries suffered by the injured were on the head and hence, charge under Section 307 IPC had been rightly framed against the petitioners. After hearing learned counsel for the parties, I am of the opinion that this petition deserves to be allowed. FIR in question was registered on the basis of the statement of complainant Maninder Singh. The said witness deposed that on 21.4.2010 at about 9.00 pm, he was returning home along with his brother Dilbag Rai and father Dev Raj, after closing the shop. They were inflicted injuries by Santokh Singh, Sonu, Kulbir Kaur, Malkiat Singh and other 8-10 un-identified persons, who were armed with datar, rods and kirpan. Santokh Singh had given a kirpan blow on the head of the complainant and thereafter, he suffered another rod blow on the right side of his stomach. Dev Raj and Dibag Rai also suffered injuries at the hands of the accused party. Annexure P-7 is the medical opinion, qua the injuries suffered by Dev Raj. As per the same, the injuries on the person of Dev Raj were declared simple in nature. Annexure P-8 is the medical opinion, qua the injuries suffered by Dilbag Rai. As per the same, the injuries on the person of Dilbag Rai were declared simple in nature. Crl.Rev.No. 2987 of 2010 (O&M) 3 Annexure P-9 is the medical opinion, qua the injuries suffered by Maninder Kumar. As per the same, the injuries on the person of Maninder Kumar were declared simple in nature. Annexure P-10 is the medical opinion, qua the injuries suffered by Surjit Kaur. As per the same, the injuries on the person of Surjit Kaur were declared simple in nature. Thus, as per the medical opinion, the injuries on the person of the complainant and the other injured were opined to be simple in nature. There is no opinion of the doctor that the injuries on the person of the injured were dangerous to life. Section 307 IPC reads as under:- “ Attempt to murder. Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall be liable either to, or to such punishment as is hereinbefore mentioned.” In the facts and circumstances of the present case, it could not be said that the offence under Section 307 IPC was made out in the present case. Merely because there is an injury on the head of the injured would not attract the offence under Section 307 IPC as the injuries are simple in nature and have not been opined by the doctor as dangerous to life. Accordingly, this petition is allowed. The order dated Crl.Rev.No. 2987 of 2010 (O&M) 4 10.9.2010 (Annexure P-5) passed by the Additional Sessions Judge with regard to framing of charge against the petitioners under Section 307 IPC is set aside. However, the petitioners would be liable to face the trial for an offence under Sections 324, 323, 452/ 34 IPC . (SABINA) JUDGE August 02, 2011 anita