At charge framing stage, prima facie case or grave suspicion suffices; no threadbare evidence analysis. Postmortem linking leg injury to kidney degeneration via vascular failure establishes nexus for murder charges despite conflicting reports.

JUDGMENT :

RAKESH KAINTHLA, J.

1. The present revision is directed against the order dated 30.04.2025 passed by learned Additional Sessions Judge Paonta Sahib, District Sirmaur (learned Trial Court) vide which the petitioner (accused before learned Trial Court) were charged with the commission of offences punishable under Sections 302, 147, 148, 341 and 427 read with Sections 149 and 120-B of Indian Penal Code (IPC).

2. Briefly stated, the facts giving rise to the present revision are that the police filed a charge sheet against the accused for the commission of offences punishable under Sections 302, 147, 148, 149, 341, 323, 326, 325, 427 and 120B of the Indian Penal Code (IPC). It was asserted that the police received an information on 24.10.2023 that one person was brought to the hospital after a quarrel. The police went to the hospital for verification of the information. Rakesh Kumar (injured) made a statement that he was going to his home on 24.10.2023 on his motorcycle bearing registration No. HP-17E-4072. He was carrying Rs.3,98,000/- with him. 2-3 vehicles stopped near the Nanj factory at 9.00 PM. The accused, Mahender Singh, and 15-20 persons came out of the vehicles and started beating the informant. Accused Mahender Singh inflicted blows with a Gandasi on the informant’s arms and legs. The other people also gave him beatings with sticks. His motorcycle was damaged. Rs.3,98,000/- kept by the informant in his pocket was removed. The accused ran away from the spot after the incident. The police registered the FIR and investigated the matter. It was found during the investigation that the money was dropped during the incident and was picked up by Ajay Kumar (the informant’s brother). The left leg of the informant was amputated at PGI on 5.11.2023. The informant was admitted to the MM Institute of Medical Sciences and Research, Mulana, Haryana, and he died during the treatment. The postmortem examination of the informant was conducted, and as per the report of the Medical Officer, the cause of death was vascular degeneration of the kidney, consequent to the injury to the left leg. Accused Mahender Singh made a disclosure statement leading to the recovery of Gandasa, with which the injuries were inflicted. Saravjeet Singh got recovered a stick that was used for beatings. Present petitioner, Farman got recovered an iron pipe, which was used during the incident. The viscera was sent to FSL, and as per the result, no poison/ethyl alcohol or drug was detected in the viscera. Blood was not detected in the Gandasa and metallic pipe; however, blood was found in traces on the wooden stick, but it was insufficient for serological examination. The statements of witnesses were recorded as per their version and after the completion of the investigation, the challan was filed before the Court, and was committed to the learned Additional Sessions Judge, Paonta Sahib (learned Trial Court).

3. Learned Trial Court held that the evidence collected during the investigation established the nexus between the injury sustained by Rakesh Kumar and his death. The plea raised by the accused that the death was not connected to the injury was not sustainable. Hence, the learned Trial Court ordered the framing of charges.

4. Being aggrieved by the order passed by the learned Trial Court, the accused have filed the present petition asserting that the learned Trial Court erred in holding that there was a nexus between the death and the injuries. It was brought to the notice of