M.M. Singh Bedi, J. - (1.) PETITIONER is a complainant. He had filed an application that the respondents/ accused had committed house trespass with an objective to commit offence which is punishable for "life". It is claimed that the accused had caused serious head injuries on the complainant -petitioner and his brother Girdhari Lal with an intention to cause their death, therefore, offence under Section 450 IPC was required to be mentioned in the FIR. It is claimed that the respondents are liable to be tried and convicted for offence under Section 450 IPC. An application for framing charges under Section 450 IPC has been dismissed, inter -alia on the ground that the injury on the person of complainant has been declared to be simple.
(2.) COUNSEL for the petitioner submits that, no doubt the injury has been declared simple by the Doctor but in this context the matter was complained to the higher authorities by the petitioner for favoring the accused -respondents and diluting the gravity of the part attributed to accused -respondents. I have heard counsel for the complainant -petitioner as well as counsel for the accused. Since the injuries on the head of the petitioner have been declared to be simple, it will not be appropriate to amend the charge to add offence under Section 450 IPC. No ground is made out for interference in the revision petition. However, it is observed that if there is sufficient material brought on the record to establish that the injury suffered by the petitioner is grievous, it will be open to the petitioner to avail the remedy under Section 216 Cr.P.C. for amendment of the charge.
(3.) DISPOSED of with the said observation.;