A.S.Bains, J. - (1.) THIS petition is directed against the order of the learned 1st Additional Sessions Judge Ferozepur, dated 4th August, 1980, whereby the petitioner was charged under section 307 read with section 34, Indian Penal Code, while his co -accused Jagjit Singh alias Jit Singh was charged under Section 307, Indian Penal Code and Raja Singh co -accused was charged under Section 307 read with section 34, Indian Penal Code.
(2.) ACCORDING to the prosecution allegations on 30th December, 1979, at about 4.30 p.m., the inhabitants of Basti Nazmudin gathered near the railway level crossing for deliberations as to whom they should vote for the ensuing parliamentary elections. Inder Singh injured and Amer Singh and Kehar Singh (P.Ws.) of the complainant party were also present there alongwith some other persons. The petitioner alongwith two others also came there and asked Inder Singh injured as to in whose favour he would cast his vote. When Inder Singh replied that he was free to cast his vote in favour of any candidate he liked, the petitioner and his -co -accused got enraged and started abusing Inder Singh. When Inder Singh tried to dissuade them, Jagjit Singh alias Jit Singh, co -accused gave a knife blow hitting him on the chest 6 cm, below and medial to the left nipple. Puran Singh co -accused caught hold of Inder Singh from his long hair and made him fall on the ground and Jagjit Singh alias Jit Singh co -accused then gave more knife blows to Inder Singh. Puran Singh co -accused also gave him fist and leg blows. Amar Singh and Kehar Singh, who witnessed the occurrence raised an alarm after which the petitioner along with the co -accused made good their escape. The injured was removed to the Civil Hospital, Ferozepore, where he was medico -legally examined by Dr. K.K. Kathri on 30th December, 1979. The doctor found three injuries on his person as under: (1) An incised would of 2 cm x 5 cm on the bridge of nose, wound oblique. In depth wound is bone deep. Advised X -ray, wound is bleeding. (2) An incised punctured wound measuring 2.5. cm. x 1 cm. in the front and lower part of left side of chest 6 cm. below and underlying to the nipple (left) depth not probed. Fresh bleeding present Advised X -ray. (3) An incised wound of 2 cm. x 0.5 cm. on the from (details not complete) According to the doctor, all the injuries were simple in nature after the X -ray. Opinion was also asked by the Police regarding nature of injuries whether any injury was dangerous to life, but the doctor opined that all the injuries were simple and no injury was dangerous to life. There is no past enmity between the parties. The occurrence took place all of a sudden. The petitioner and the co -accused could not have any intention to commit the murder of the injured. It was in the heat of moment to discuss about the support in the parliamentary elections that the incident took place. All the injuries were caused on Jagjit Singh alias Jit Singh and the petitioner did not cause any Injury. In the circumstances of the case, I am of the view that the petitioners and the co -accused could not be charged under section 307 read with section 34 of the a Indian Penal Code. Since the injuries are simple in nature and are by sharp edged weapon, the offence would at the most fall under section 324, Indian Penal Code, Jagjit Singh alias Jit Singh and under section 324 read with section 34, Indian Penal Code, against the petitioner and Puran Singh co -accused. The learned Additional Session Judge has not applied his mind under Section 228(1) of the Code of Criminal Procedure Code, which is in the following terms: - 228. (1) If, after such consideration and hearing as aforesaid the Judge is of opinion that there is ground for presuming that the accused has committed an offence which - (a) is not exclusively triable by the Court of Session, he may frame a charge against the accused and, by order, transfer, the case for trial to the Chief Judicial Magistrate, and thereupon the Chief Judicial Magistrate shall try the offence in accordance with the procedure for the trial of warrant -cases instituted on a police report (b) is exclusively triable by the Court, he shall frame in writing a charge against the accused. This provision was added in the amended Code of Criminal Procedure 1973. Under this provision, even if any person is committed for trial by the Magistrate, the trial Court is to satisfy itself on the framing of the charge, if the offence is not exclusively triable by the Court of Sessions, it may frame a charge against the accused and, by order transfer the case for trial to the Chief Judicial Magistrate and in case the offence is exclusively triable by the Court of Session, then it shall frame in writing a charge against the accused. The circumstances and the medical evidence in the present case clearly show that no case is made out under section 307 of the Indian Penal Code against Jagjit Singh alias Jit Singh and under section 307 read with section 34, Indian Penal Code, against the petitioner and Puran Singh co -accused.
(3.) ACCORDINGLY this petition is allowed and the order of the learned Additional Sessions Judge is set aside and it is directed that he will apply his judicial mind under section 228(1) of the Code of Criminal Procedure Code and proceed with the matter in accordance with law in the light of my aforesaid observations.;