SANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant revision petition, filed by victim(injured), is directed against order dtd. 23/9/2021 passed by the learned Additional Sessions Judge, SAS Nagar, whereby an application filed by the petitioner seeking amendment of charges, so as to substitute charges for offence under Sec. 308 IPC with charges for offence under Sec. 307 IPC, has been dismissed.

(2.) The matter pertains to a trial arising out of a FIR No.27 dtd. 7/2/2017 registered at Police Station Sadar, Kurali, under Ss. 308, 341, 325, 323, 201, 34 IPC, wherein charges were framed against accused for offences under Sec. 308 IPC. The FIR in question was lodged at the instance of Manmohan Singh, wherein it is stated that on 5/2/2017, he as well as other members of his family and also his friend Sandeep Singh had gone to attend marriage of his aunt's (Bua's) grand-daughter namely Manpreet Kaur at Kalsi Farm, Kurali. It is alleged that at about 5:00 PM, when Manjit Kaur wife of Piara Singh, daughter of complainant's another aunt (Bua), was chatting with the complainant's cousin Ravinder Singh, the complainant told his cousin Ravinder Singh that since their family (complainant's family) was not on talking terms with them for the last 10-12 years, he should not chat with Manjit Kaur. Thereupon, Manjit Kaur's husband, namely, Piara Singh and his son-in-law, who is resident of Kiri Afgana, came there and started abusing the complainant. It is further alleged that in the meantime Gurmeet Singh, Bhupinder Singh, Ramandeep Singh and Damanpreet Singh also came there and started abusing the complainant and also issued threats to cause harm to him. However, they were separated by their relatives. After the wedding was over, when the complainant and his friend Sandeep Singh were proceeding to the main gate of the palace so as to return to their houses, Gurmeet Singh, Bhupinder Singh, Damanpreet Singh, Raman Singh, Piara Singh and son-in-law of Piara Singh, accompanied by 3-4 unknown persons waylaid them. It is alleged that while Damanpreet Singh was carrying an iron rod, the remaining were carrying sticks. It is alleged that Piara Singh exhorted his companions to teach the complainant a lesson for bullying them after consuming liquor at the wedding and inflicted a blow with stick on his (complainant's) head hitting him below his right eye. It is alleged that Damanpreet Singh inflicted a blow with iron rod on the head of Sandeep Singh as a result of which Sandeep Singh fell on the ground. It is further alleged that while the complainant was attending to Sandeep Singh, all the accused inflicted blows to them with sticks and rods and also kicked them. The other relatives present at the spot, however, saved them from the assailants, who ran away from the spot with their respective weapons while issuing threats. Since Sandeep Singh was seriously injured, he was taken to PGIMER, Chandigarh, where the Doctor informed that on account of fracture in the head, a surgery was to be performed.

(3.) Upon conclusion of investigation, challan was presented against the accused. Learned Illaqa Magistrate upon finding that the facts, prima facie, disclosed commission of an offence under Sec. 308 IPC, which is triable exclusive by Court of Sessions, committed the case to the Court of Sessions. Upon the matter being entrusted to the Court of Additional Sessions Judge, charges were framed against the accused for offence under Sec. 308 IPC.