At the stage of considering discharge or framing of charges under Sections 227 and 228 of the CrPC, the court is not required to meticulously judge the truth, veracity, or effect of the evidence or to weigh the probable defense of the accused. The purpose of the inquiry is to determine whether there is sufficient ground for proceeding against the accused or whether there is a ground for presuming that the accused has committed an offense.

Rajendra Saxena, J.-This revision petition has been preferred against the order dated 17-7-1991 passed by the learned Special Judge, SC & ST (Prevention of Atrocities) Act Cases cum Addl. Sessions Judge, Bikaner, whereby he discharged the accused respondent Vikram Singh for the offence under Section 307, I.P.C, and transferred the case under Section 228(1)(a) CrPC to the learned C.J.M. to try the remaining offences; in accordance with law.

2. Now briefly the factual matrix of this case. It appears that on the ‘Parcha bayan’ of injured Kishan Singh recorded by Shri Bhan Singh A.S.I, on 10-7-1986 at 1.10 a.m., in P.B.M. Hospital, Bikaner, a case under Sections 307 and 324, I.P.C, was registered at Police Station, Kotgate, Bikaner. The petitioner, in his ‘Parcha bayan’ stated that on that night at about 12-15 a.m., while he was going to his house and came near the Old Petrol Pump situated near Public Park, Bikaner, on his scooter, a person whose face was rapped-with cloth, came in front of his scooter; that he tried to avoid him that the said person dealt a blow by some sharp object on the back side of his head with the result that he fell down. Thereafter, the assailant inflicted another blow causing injuries on his right palm and fingers. The assailant also caused injuries on his right and left belows that meanwhile he caught hold of the weapon of the assailant, which was found to be a ‘Khukhari’ that he also snatched the cloth wrapped around the face of the assailant, which was untied and he identified that the assailant was Vikram Singh that thereafter, Vikram Singh, with an intention to kill him, inflicted five-six ‘Khukhari’ blows on the head causing extensive injuries to him. On the alarm raised by him, Shankerlal came there and that thereupon Vikram Singh fled away. The petitioner also stated in his ‘Parcha bayan’ that thereafter somebody informed the police; that he was lifted in a police jeep and admitted in the hospital. He also stated that he has taken on rent the house of Vikram Singh for his Company; that Vikram Singh forcibly wanted to eject him therefrom and for that reason, Vikram Singh inflicted injuries to him with an intention to commit his murder. On the same day at about 3.15 a.m., petitioner’s dying declaration was also recorded by the learned A.M.J.M., Bikaner. The doctor found as many as seventeen injuries on the person of Kishan Singh including the following six injuries, which were found on various parts of his head:

1. Incised wound 10 cm. X 0.5 cm. x bone deep on both occipital region is of scalp across the mid line and on the left parietal region of scalp obliquely placed;

2. Incited wound 2.8 cm. x 0.5 cm. x bone deep on both parietal regions of scalp distal 1/2 obliquely placed across the mid line & just medial to the parietal part of injury No. 1;

3. Incised wound 3.6 cm. x 0.5 cm. x bone deep on both parietal regions of scalp across the mid line;

4. Incised wound 3.5 cm. x 0.3 cm. x bone deep on right parieto occipital region;

5. Incised wound 2.5 cm. x 02. cm. x bone deep on right fronto parietal region; and

6. Incised wound 2.5 cm. x 0.3 cm. x bone deep on the right frontal region of scalp.” There were multiple incised wounds on his right little finger, right upper arm, left little ring, middle and index fingers or the palmar aspect and left little, ring, middle and index fingers cutting tendons of the left index finger.

3. Thepetitioner, who was admitted in the P.B.M. Hospital on 10-7-1986 as an indoor patient left that hospital on [19-7-1986 without permission of the doctor. Thereafter, he was admitted in the Military Hospital from 19-7-1986 to 28-7-1986 and from there, he was referred and admitted in S.M.S. Hospital, Jaipur from 29-7-1986 to 11-8-1986, where he was operated upon by Dr. vs. M. Pande for multiple incised wounds in both hands, which had impaired sensation in his two fingers and inner side of the palms. The X-ray examination of petitioner’s skull and right elbow, howeve