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2011 Supreme(SC) 174

IN THE SUPREME COURT OF INDIA
G. S. Singhvi and Asok Kumar Ganguly, JJ.
Appellants: Tej Bir and Anr.
Vs.
Respondent: State of Haryana and Anr.
Criminal Appeal No. 452 of 2011 (Arising out of Special Leave Petition (Crl.) No. 6699/2010)
Decided On: 14.02.2011

Advocates appeared:
For Appellant/Petitioner/Plaintiff: Arbind Choudhary and Atishi Dipankar, Advs.
For Respondents/Defendant: Manjit Singh, Ramesh Kumar, Vishal Malik, Sanjay Malik and M.C. Dhingra, Advs.

Headnote:Code of Criminal Procedure, 1973–Section 401–At the stage of framing of charges High Court should not exercise its power of revision by way of quashing charges by confining its attention only to recitals in F.I.R.–F.I.R. can never represent entire evidence of case–At the stage of framing of charge, High Court is not required to appreciate evidence and arrive at conclusion whether materials on record are sufficient for conviction of accused or not.

       (Paras 7 & 8)

       AIR 2001 SC 556; AIR 2000 SC 665–Relied on.

JUDGMENT

Asok Kumar Ganguly, J.

1. Leave granted.

2. This appeal has been preferred from the judgment of the learned Single Judge of the High Court of Punjab and Haryana dated 1st April, 2010, in Criminal Revision No. 1486/2009 (O. & M.) whereby charges framed by the learned Additional Sessions Judge, FTC Karnal, Haryana dated 17th February, 2009, in M.S.C. case No. 41/2009 against Kewal Kishan, one of the accused, was quashed. The charges framed against Kewal Kishan are, inter alia, under Section 120B/307 read with Section 34 IPC and Sections 27/30 of the Arms Act.

3. According to the Appellant No. 1, who was the informant in the said F.I.R. No. 217 dated 29.6.2008 the facts of the case are that Ram Narain had three sons: Sher Singh, Kehar Singh and Mehar Singh and a daughter Raj Bala. Kewal Kishan is married to Raj Bala. Sher Singh was murdered on 29th March, 2005 and was survived by his wife Babita and two children. Kehar Singh also passed away in 2007. After the demise of these two brothers, some disputes with respect to the finances and property of the family arose.

4. To resolve these disputes, a panchayat was convened on 29th June, 2008 at Ram Narain's house in the village Risalwa. This was attended by Appellant No. 1, Tej Bir, his father Pratap Singh, uncle Ranbir Singh and cousin Shishpal Singh. Others who attended the panchayat included Narendar, Mahender Singh, Balwant Singh, Som Dutt, Mehtab, Jai Bhagwan and Jasmer Singh. The accused Raj Bala, with her son Sarveshwar alias Jony had gone to attend the panchayat. It was further submitted that during the course of the panchayat, an altercation arose between those present, and Raj Bala and Sarveshwar. Resultantly, the mother and the son pulled out their pistols and fired a round each. The round fired by Sarveshwar hit Narendar, Appellant No. 2 in his belly, while the round fired by Raj Bala hit Tej Bir, Appellant No. 1 in his right arm. Mehar Singh also fired a round. It is stated that they then fled from the scene in a car (Maruti Alto), bearing number HR - 06M -2755, registered in the name of the said Kewal Kishan. It was repeatedly stated in the F.I.R. that the entire conspiracy was hatched by Kewal Kishan. The injured persons were immediately admitted to Community Health Centre, Assandh.

5. The police were informed of this incident and the Inspector/Station House Officer of Police Station, Assandh reached the said Community Health Centre, and preferred an application to the Medical Officer so as to know the position of the injured. On being satisfied that the injured persons were fit to be examined by the police, the Inspector examined the injured, and recorded their statements under Section 161 Code of Criminal Procedure An F.I.R. was then registered against Kewal Kishan, Mehar Singh, Raj Bala and Sarveshwar. The same day, Kewal Kishan, Mehar Singh and Raj Bala were arrested, and the said car belonging to Kewal Kishan was taken into possession. The fourth person named in the F.I.R., Sarveshwar escaped arrest. A licensed revolver of 0.32 bore, and 4 live rounds were seized from the possession of Raj Bala. After the completion of the investigation, a Final Report under Section 173 Code of Criminal Procedure was submitted to the Magistrate with respect to Kewal Kishan, Mehar Singh and Raj Bala. Thereafter, charges were framed.

6. Kewal Kishan preferred an application under Section 401 of the Code of Criminal Procedure, 1973 before the High Court, whereby the High Court quashed the order of Additional Sessions Judge with respect to the charges framed against Kewal Kishan inter alia on the ground that there was no evidence against him.

7. It is well settled that at the stage of framing of charges the High court should not exercise its power of revision by way of quashing the charges by confining its attention only to the recitals in the F.I.R.

8. An F.I.R. can never represent the entire evidence of the case. In the instant case, even though in the F.I.R., a reference was made t







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