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Judgment
In this petition filed under Section 561-A of the Code of Criminal Procedure, the petitioners have challenged the order of framing of charge dated 16.08.2018 passed by the learned 2nd Additional Sessions Judge, Jammu on the following grounds:-
a) That offence under Section 307 RPC is not made out against the petitioners because from perusal of the statements of the witnesses recorded under Sections 161 and 164-A Cr.P.C. clearly shows that there are no allegations against the petitioners with respect to beating the complainant and his wife (injured).
b) That the medical record issued by the Medical Officer has nowhere declared that the injury inflicted on the person of the complainant is found to be dangerous for life. The doctor has clearly stated in his certificate that the injuries sustained by the injured are simple in nature.
I have considered the contentions of learned counsel for the petitioners, who has reiterated the grounds taken in the petition, as well as the State counsel, who has stated that it is not only the injury certificate has to be seen but the other attending circumstances of the case and the parts of the body where the injuries have been sustained are also relevant.
The allegations against the accused are that on 16-07-2017 a verbal complaint from the complainant namely Swarn Singh S/o late Kaka Singh R/o H.No.796 Janipur Colony Jammu along with his injured wife was received by the police post. They verbally stated that the complainant along with his family members were traveling in their Nano Car from Bantalab to Janipur; another Creta Car bearing no. JK02BN/1315 was also coming behind their car and a motor cycle bearing no. JK02BD/5294 was also coming towards Janipur. When the complainant along with his family members reached at Vijay Chowk, in the meantime, the driver of Creta Car as well as motorcyclist started chasing his Nano Car; sometimes they were coming in front of his car and some time behind. When they were asked by the complainant about their activities and when they reached at Chinorer Chowk at about 18-15, the persons who were traveling in the said Creta as well the motorcyclist and his pillion rider stopped their vehicles in front of their Nano Car and stopped their way. They opened the window of his car, dragged him out of the car and beat him and his wife. They beat them with the base ball stick in order to kill them and injured them seriously. After making hue and cry by the complainant and his wife, some pedestrians gathered there and saved them, the accused persons after beating them, fled away from the spot in their vehicles. The complainant therefore requested that FIR against the above unidentified accused persons, may kindly be lodged and a legal action may be taken etc. On receipt of this verbal complaint, a report in this regard was lodged vide daily diary report no.08 and the same was sent to police station for lodging of FIR. Accordingly FIR no.216/2017 was lodged under the above mentioned sections and the investigation of the case was entrusted to Sh. Rajesh Kumar SI Incharge Police Post Chinore. During the course of the investigation, IO proceeded on the spot, prepared site map and seized Creta vehicle bearing no.JK02BN/1315 as well as Bullet Motorcycle bearing no.JK02BD/5294, as a piece of evidence. A blood stained lady shirt, a dupatta and a T- shirt were seized, packed separately and were sent to FSL for chemical analysis. The statements of witnesses u/s 161 Cr.P.C. and 164-A Cr.P.C. were recorded. Accused persons namely (1) Amandeep Singh S/o Karan Singh r/o Baran (2) Sumeet Singh S/o Sansar Singh R/o Dokh Palour (3) Salman Sheikh S/o Manzoor Ahmed R/o Chinore, (4) Babloo Kumar S/o Harbans Lal R/o Bajalta (5) Navneet Singh S/o Paramveer Singh R/o Maan Chak Jourian, were arrested in connection with the above mentioned case and on the disclosure of Amandeep Singh, one base ball stick was seized as a piece of evidence by the police. The medical reports of both the injured persons were obtained from the Govt. Hospital Sarwal, Jammu.
According to the reports of the doctor, the injuries of both the injured persons were not grievous in nature. On the statements of the witnesses, which were recorded during investigation, offences under section 506/504 RPC were also added.
Admittedly injuries sustained by injured persons are simple in nature as per certificate of doctor. But this cannot be sole criteria for framing charge. Broader aspects of matter are to be considered while framing of charge. The place of injury; the intentions of accused at the time of inflicting the injuries, weapon of offence with which injuries are caused and other circumstances of the case, are some of relevant considerations.
In present case, complainant namely Swaran Singh S/o late Kaka Singh and his wife were attacked by a group of persons when they were traveling in their Nano Car from Bantalab to Janipur at about 18-15; firstly they were dragged out of their car by those persons who were travelling in Creta Car bearing no.JK02BN/1315 and a motorcyclist bearing no.JK02BD/5294; although they were equipped with base ball stick but accused inflicted serious injuries. It is only after making hue and cry by the complainant and his wife, some pedestrians gathered there and saved them, the accused person after beating them, fled away from the spot in their vehicles.
Had some person not come on spot, complainant and her wife would have been killed by the accused persons. As per medical certificate, wife of complainant has received injury on her head, she remained in hospital from 17/7/2017 to 24/7/2017; she was consulted continuously for three days; NCCT Head NR study was done by neurosurgeon. Rest both injured have also sustained injuries all over body.
In view of above, I do not find any infirmity of law and facts in the order impugned. This petition is dismissed.