- (1.) The petitioner has filed the instant revision petition challenging the order dated 4.11.2011 of the Additional Sessions Judge, Fatehabad whereby charges under Sections 307 read with section 34 IPC have been framed against him.
(2.) As per the prosecution case, the petitioner along with others waylaid complainant-Surjeet Ram and thereafter, assaulted him and caused injuries on his person. The petitioner inflicted a blow with an iron rod/pipe on the head of the complainant, however, he raised his hands to save himself and the said blow landed on his arm which resulted into two fractures. Another accused Chhinda also gave a blow with an iron road causing fracture on the leg of the complainant, whereas, third accused Baldev gave fist blows on the chest of the complainant.
(3.) While passing the impugned order, the Additional Sessions Judge, Fatehabad observed as under: " After hearing both the sides, I am of the considered opinion that there is sufficient ground for presuming that the accused have committed an offence punishable under section 307 read with section 34 of the IPC. As per the version of the complainant, he was tried to be given an iron pipe blow on his head but he raised his hand and avoided head injury. The said blow had caused two fractures on his arm. The case is at this stage of charge and it is so far well settled that even a strong suspicion is sufficient to frame a charge. Every case has its peculiar facts. In the present case, the intention of the accused is clearly spelled out from the statement of the complainant that they had the intention to kill. Therefore, the accused are ordered to be chargesheeted for the offence punishable under section 307 read with section 34 of the IPC.";