The main legal point established in the judgment is the limited scope of examination of prosecution material at the stage of framing charges, and the court's discretion to evaluate the nature of injuries independently.

JUDGMENT :

Manoj Bajaj, J.

1. Petitioner-Narender Singh has preferred this revision petition to challenge the order dated 10.01.2017 passed by the Additional Sessions Judge, Kurukshetra, whereby his application for framing the charge against respondent Nos.2 and 3 for commission of offences punishable under Sections 307 and 447 IPC in the cross-case arising out from FIR No.111 dated 03.05.2016, under Sections 307, 506, 34 IPC and Section 27 Arms Act, 1959, Police Station, Ladwa, District Kurukshetra, was dismissed.

2. According to the final report submitted by police, respondent Nos.2 and 3 were involved in commission of offences punishable under Sections 323, 325 and 34 IPC and the trial Court, as such, framed the charges against them.

3. The facts, in brief, leading to the revision petition are as under :-

(i) On the basis of the statement of Pritpal Singh son of Gurdayal Singh, FIR No.111 dated 03.05.2016, under Sections 307, 506, 34 IPC and Section 27 Arms Act, 1959 was registered against Narender Singh and Gurdev Singh. As per the allegations, the complainant and his three brothers, namely, Narender Singh, Rajpal Singh and Harpal Singh were having joint land, which was partitioned for cultivation. Narender Singh was having land at Badshami-Radour road and complainant requested him to give the share in the land adjoining the road and against that, he (complainant) was ready to give the share in the land situated on the back side. On 02.05.2016, complainant sent a message to his brother Narender Singh through the village Chowkidar and asked him not to cultivate the land of his share and they should talk about partition of the land. However, Gurdev Singh son of Narender Singh declined the request and further conveyed that they would continue to cultivate the land and complainant may do whatever he wishes to. The complainant again sent his son Charanjit Singh to Gurdev Singh, however, the result remained the same. As per the allegations, the complainant released the water of tubewell in the disputed land and after half an hour, Narender Singh along with his son Gurdev Singh armed with weapons came to their fields, where complainant along with his sons Charanjit Singh and Sarvjit Singh was present. Narender Singh and his son Gurdev Singh got annoyed and Narender Singh exhorted that they be taught a lesson for releasing the water in the land. Thereafter, Gurdev Singh fired at Charanjit Singh from his licensed revolver with an intention to kill and it hit the left side of his neck, who fell down. Again Gurdev Singh fired two shots at Sarvjit Singh and hit on his chest and left thigh respectively and he also fell down. Upon raising alarm by complainant, the assailants fled away while firing in the air. Upon these broad allegations, above FIR was registered for commission of offences of attempt to murder, criminal intimidation and Arms Act.

(ii) On the next day, a cross version was recorded on the statement of Gurdev Singh son of Narender Singh against Charanjit Singh and Sarvjit Singh, both sons of Pritpal Singh, wherein they were indicted for the offences punishable under Sections 323, 325 and 34 IPC. In the cross version, it was alleged by Gurdev Singh that his father was having joint land with his uncles in the area of Village Niwarsi and Kheri Dabdalan. The land was joint which was partitioned for the purposes of cultivation. The land approximately 7½ acres situated on the road going from Kheri Dabdalan to Radour Yamunanagar was in their (complainant and his father) possession and was being cultivated for the last 13 years. It was narrated that on the previous day, i.e., 02.05.2016, they had cultivated the land for sowing sugar-cane crop and his uncle Pritpal Singh was asking for his share in the said fields in exchange to the land situated on the back side and the proposal was refused by them. According to him, the complainant and his father Narender Singh went to the fields in Kheri Dabdalan where his uncle Pritpal Singh, his son