IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 1447 of 2009 (O&M) Date of decision: 28th May, 2009 Mohan … Petitioner Versus State of Haryana … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Manjeet Singh, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present revision petition has been filed praying that order dated 30th March, 2009 passed by the Court of Additional Sessions Judge, Sonepat, whereby charges were framed against the petitioner under Section 307, 325, 323, 506 IPC, be set aside and chargesheet formulated in pursuance of order framing charge, be quashed. Counsel has submitted that in the FIR, complainant Prem Kumar has stated that petitioner has caused injuries with bat on the head, face, shoulder and nose of Surender Kumar. Counsel has submitted that all injuries found are blunt in nature. Doctor had opined one of the injury to be grievous in nature. Therefore, counsel has submitted that unless and until a categoric opinion is given by the Medical Expert (Doctor) that injuries are sufficient to cause death in the ordinary cause of nature, Criminal Revision No. 1447 of 2009 (O&M) except for timely medical aid, no charge under Section 307 IPC can be framed. This argument may look attractive at first instance, but is fallacious. It has been held by the courts that charge can be framed for the higher offence, though the person can be convicted for a lesser offence. With these observations, present revision petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE May 28, 2009 rps 2