- (1.) Complainant has invoked the revisional jurisdiction of this Court, assailing the order dated 31.07.2009 passed by learned Additional Sessions Judge, Karnal, in criminal case No. 445 of 2009 pertaining to FIR No. 9 dated 08.01.2009, under Sections 323, 325, 452, 506, 307 read with Section 34 IPC, Police Station Butana.
(2.) The brief facts of the present case, inter-alia, are that the complainant has lodged an FIR with the Police Station Butana, Nilokheri, District Karnal, which is reproduced as under :- "It is submitted that on 06.01.2009, I was present at Prem Sachdeva son of Shri Amar Naths residence House No. 106-A, School-cum-Canal Area, Neelokheri. It was about 7.00 p.m., time in the evening and on their land line telephone, I received a call from my daughter-in-law who told me to come to the shop immediately. Akhil alias Ashi son of Brij Mohan, resident of 17-G Hospital Area, Neelokheri has given serious injuries to Ajay. He had four other persons with him, who had wooden Bindas in their hands. I, immediately left that place and reached my shop and I saw that my son Ajay is lying in the road in front of my shop in an injured condition. I lifted him from there and got him admitted in the Civil Hospital, Nilokheri and when his condition did not improve there, then I made a request to the doctor that he may please discharge him. Then the doctor sahib, on the next day i.e. on 07.01.2009, discharged him and thereafter I took my son to Dr. Parveen Gargs hospital at Karnal. He is still admitted there and is lying unconscious and my daughter-in-law told me that Akhil and the above mentioned persons with him, on saying of Akhil, entered in the shop and after giving injuries to Ajay, they all tried to take him away by putting him in the car, but my daughter-in-law reached there at the spot and those persons ran away from the spot and while leaving the place of occurrence the said Akhil and his companion persons openly said that this time, he has been saved and it they got next opportunity, then they will kill him and Akhil and his father Brij Mohan, about 1-1/2 years ago, during the Ram- Leela days had given beating to my wife Raj Rani. Case in this regard is pending in the Court. There is a property dispute pending in the Court, between us and Brij Mohan father of Akhil. They put pressure on us to compromise the matter. On refusal to do so, they have committed the above occurrence. My son is in a very serious condition. Till today Akhil and his father have been putting pressure on us, that we should come to a compromise. I felt that my son will survive. But his condition is very serious. And on checking the Galla (Cash box) it is revealed that a sum of Rs. 40- 45 thousand is missing from there, which amount has been taken away by the above said accused persons. It is therefore, requested to your honour that after taking stern legal action against above mentioned Akhil and his four companions, justice may kindly be done to my son and it shall be a great kindness of yours."
(3.) Having investigated the matter, police has submitted challan before the learned Magistrate under Sections 323, 325, 452, 506, 307 read with Section 34 IPC. The learned Magistrate committed the case for trial to the Sessions Court. Learned Additional Sessions Judge has heard the arguments of prosecution, as well as, the accused party on the question of framing of charge/discharge. Learned Additional Sessions Judge vide impugned order dated 31.07.2009 has opined that case under Section 307 IPC is not made out, hence, case be sent back to the learned Magistrate for trial under Sections 323, 325, 452 and 506 read with Section 34 IPC. Feeling aggrieved, complainant has filed present revision petition assailing the order dated 31.07.2009.;