Jagdish Mittar vs State of Punjab

J. S. Sekhon, J. (Oral)

Jagdish Mittar injured has directed this revision petition against the order dated 1141989 of Shri M M. Bhalla, then Chief Judicial Magistrate, Hoshiarpur, framing charge against Diwakar Kumar, accusedrespondent, for offence under Section 326 of the Indian Penal Code contending that in view of the previous motive and the nature of injuries suffered by the petitioner, charge under Section 307 of the IPC. should have been framed.

The brief resume of facts relevant for the disposal of this petition is that on 3171986, at about 8 P.M., Diwakar Kumar accused knocked at the door of Jagdish Mittar, where he along with his father Shankar Dass, posted as Assistant Food and Supply Officer, used to reside. When Jagdish Mittar opened the door, the respondentaccused allegedly threw acid on his face which rendered this witness blind. Jagdish Mittar at that time gave the description of his assailant as he was earlier not conversant with his identity. Later on during interrogation, involvement of Diwakar Kumar accusedrespondent was established. The perusal of the statements of Sunil Walia and Krishan Kumar, witnesses, reveals that in fact Shankar Dass, Assistant Food and Supply Officer, was the target of the accused as he was unnecessarily checking the ration depot of Raghubir Raj Malhotra father of the accusedrespondent with a view of cancel the, allotment of this depot.

After completion of the investigation, challan under Section 326 of the IPC was put in.

I have heard the learned counsel for the petitioner besides perusing the record.

There is no force in the contention of the injured that the charge should have been framed under section 307 of the Indian Penal Code because from the evidence collected by the investigating agency during the course of investigation, it transpires that the accused intended to teach a lesson to Shankar Dass father of Jagdish Mitter injured by throwing acid on his person because in his capacity as Assistant Food and Supply Officer, he was unnecessarily checking the ration depot of the father of the accused. The factum that accusedrespondent had chosen the late hours of the evening to indulge in this crime reveals due preplanning on his part. The very factum that the acid was thrown at the face of Jagdish Mitter son of afore said Assistant Food and Supply Officer also spells out that the accused at the most intended to cause grievous hurt to aforesaid Shankar Dass in order to teach the latter a lesson for unnecessarily harassing his father by checking the record of the ration depot. It cannot be said by any stretch of imagination that the accused respondent wanted to kill aforesaid Shankar Dass. Thus keeping in view the doctrine of, transmigration of malice, it cannot be said that the trial Court had wrongly framed the charge under Section 326 of the Indian Penal Code against accusedrespondent The factum that the injured has been rendered blind is only a circumstance calling for aggravating sentence. Thus the act of throwing acid upon Jagdish Mittar would be presumed to be with the same intention as if the accused had thrown acid upon said Shankar Dass.

For the foregoing reason, there being no merit in this petition, it is ordered to be dismissed. The record of the trial Court be sent back forthwith.