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1992 Supreme(P&H) 930

S.K.JAIN
Santosh Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner:Mr. R.P. Dhir, Advocate.
For the Respondents:Mr. G.S. Nihal, Advocate.
For the Respondent Nos. 2 and 4:Mr. D.D. Verma, Advocate.

JUDGMENT

S.K. Jain, J. - On challan under Sections 326/324/450/34, Indian Penal Code, having been filed against Paras Ram, Raju and Sham Lal in FIR No. 168 dated 25.10.1991, P.S. Sadar, Hoshiarpur, the learned Additional Chief Judicial Magistrate, Hoshiarpur, after examination of material on record came to the conclusion that the injuries on the person of Santosh Singh, injured, having been caused with sharp-edged weapon and being grievous in nature, were punishable under Section 326, Indian Penal Code with life imprisonment and, therefore, prima facic, a case under Sections 326/324/450/34, Indian Penal Code, was made out against the accused. He further found that since the offence under Section 450 Indian Penal Code was exclusively triable by the Court of Sessions, therefore, he committed the case to that Court vide his order dated 3rd of February, 1992. After commitment, the learned Additional Sessions Judge after hearing the parties on the question of framing of the charge, came to the conclusion that the learned Magistrate was in error in holding that prima facie the accused had also committed an offence under Section 450, Indian Penal Code. He found that they could only be char












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