High CourtsSingle Bench(2011) 12 P&H CK 0204

Pritpal Singh vs State of Punjab and another

Punjab And Haryana At Chandigarh · Decided on 14 December 2011

HON’BLE JUDGES
Ranjit Singh, J
CASE NUMBER
Criminal Revision No. 2048 of 2011 (O and M)

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Judgment

4 paragraphs · 300 words

Ranjit Singh, J.—The petitioner has filed this revision against the order framing the charge. His primary grievance appears to be that from the facts as narrated in the FIR, no offence u/s 307 IPC is made out. The counsel has taken me through the FIR, which clearly reveals that the complainant had gone to check his field and when he crossed Nala, Pritpal Singh was coming back on his Tractor after demolishing the watercourse. The complainant stopped his Motorcycle on one side and went to other side to inquire from Pritpal Singh regarding demolition of watercourse. At that time, his uncle Jarnail Singh was sitting on the back seat of Motor-cycle. When Pritpal Singh reached near the complainant, he signaled him to stop his Tractor. Instead, Pritpal Singh accelerated the Tractor and directly came towards Jarnail Singh, who was sitting on the Motor-cycle. Jarnail Singh jumped from the Motor-cycle to save himself and fell on the ground. The Tractor directly ran over the Motor-cycle and it got entangled with the cultivators, which were fixed with the Tractor.

2.

Thereafter, Pritpal Singh pulled out Kirpan and gave a blow to Jarnail Singh, which hit on the right side of rib cage. He gave yet another blow, which directly hit on the left arm of Jarnail Singh, who raised cry `Marditta-Marditta`. The complainant ran for his uncle and pulled back Pritpal Singh. In the meantime, many persons gathered at the spot and overpowered Pritpal Singh accused.

3.

Even from these facts as noticed in the FIR, offence u/s 307 IPC, prima-facie, can be made out. The submission that injuries would not support the cause would also not be relevant to see the intention on the part of the preparator of the crime. No case for interference, thus, is made out.

4.

Dismissed.