(1.) JAGDISH Mittar injured has directed this revision petition against the order dated 11-4-1989 of Shri M M. Bhalla, then Chief Judicial Magistrate, Hoshiarpur, framing charge against Diwakar Kumar, accused-respondent, 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.
(2.) THE brief resume of facts relevant for the disposal of this petition is that on 31-7-1986, 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 respondent-accused 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 accused-respondent 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 accused-respondent with a view of cancel the, allotment of this depot.
(3.) I have heard the learned counsel for the petitioner besides perusing the record.