HIRA LAL Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The present petition has been filed under Section 482 of Code of Criminal Procedure for quashing of order dated 06.07.2012 passed by learned Judicial Magistrate First Class, Phagwara as well as order dated 15.06.2013 passed by learned Sessions Judge, Kapurthala, in revision, vide which application of prosecution filed under Section 319 Cr.P.C. was allowed and petitioner was summoned to face trial in FIR no.85 dated 01.04.2010, under Sections 323/325/34 IPC, registered at police station city Phagwara, District Kapurthala.

(2.) I have heard learned counsel for the petitioner and have gone through the whole record including the impugned orders passed by both the courts below.

(3.) Briefly stated, as per supplementary statement of complainant got recorded before the police, when complainant had gone to close the gate of his house, petitioner-accused while armed with Kirpan alongwith his three sons, who were also armed with deadly weapons, attacked him and caused him injuries. There are specific allegation that he caused Kirpan blow on the head of injured. As per medico-legal report as many as seven injuries were found on the person of injured. After completion of investigation, petitioner was not challaned by the police and he was kept in column no.2 of the challan. However, complainant when appeared before the trial court gave statement implicating the present petitioner as well. He specifically deposed that petitioner was armed with Kirpan and caused injury on head.