Criminal Revision No. 682 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 682 of 2009 Date of Decision: 20.3.2009 Ram Singh and Others …Petitioners Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Tejinder Pal Singh, Advocate for the petitioners. Kanwaljit Singh Ahluwalia, J. (Oral) Counsel for the petitioners has submitted that the injuries suffered by the injured are simple in nature and no opinion has been given that the injuries are sufficient to cause death in ordinary course of nature, therefore, petitioners could not be charged by the trial Court for offence under Section 308 IPC. Counsel further submits that report of the Superintendent of Police (Detective), wherein it was held that no offence under Section 308 IPC is made out, was not taken into consideration by the trial Court. It is a well recognized maxim that the charge should be made for the higher offence. However, the Court, on evaluation of evidence, can always convict the accused for lesser offence. Even otherwise, intention to cause injury is to be inferred from the oral testimony. This Court cannot be oblivious of the fact that injury No.2, suffered by the injured was on the scalp. Criminal Revision No. 682 of 2009 2 No merits. Dismissed. At this stage, counsel for the petitioners prays that he be permitted to withdraw the present petition. As prayed, the present petition is dismissed as withdrawn. (Kanwaljit Singh Ahluwalia) Judge March 20, 2009 “DK”