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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Bijender – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
YASHVIR SINGH RATHOR, J.
1. This revision petition is directed against the judgment dated 07.10.2021 passed by the Court of Additional Sessions Judge, Sonipat, vide which the appeal instituted by the victims against the acquittal of the petitioners/accused for the offence under Section 325 IPC while convicting them for the offence under Sections 323 and 506 of IPC vide judgment dated 06.11.2017 passed by the Trial Court, has been allowed and the matter has been remanded to the Trial Court for a decision afresh.
2. Feeling aggrieved, accused/petitioners have filed the present revision petition.
3. I have heard learned counsel for the parties and have gone through the material placed on the record.
4. Brief facts of the prosecution are that on 24.01.2014, at about 11:30 A.M., information was received at Police Post from P.S. Ganaur that Balbir, Angoori, Dharambir, Sombir have been brought to Khanpur Kalan from CHC Ganaur due to injuries sustained in the quarrel. Thereafter, Investigating Officer along with other officials reached at Khanpur Kalan and after obtaining the opinion of the doctor, MLRs of the injured, the offence punishable under Sections 325, 506 IPC was found to b
The prosecution must prove grievous injuries beyond reasonable doubt, including medical corroboration, or charges must be downgraded to lesser offences accordingly.
The prosecution must provide medical and radiological evidence to establish grievous injuries for conviction under Section 326 IPC, emphasizing due process and the right to a speedy trial.
The need for conclusive proof of grievous injuries to establish the offence under Section 326 of IPC.
The main legal point established in the judgment is the reliance on the sole testimony of the injured witness, the sufficiency of evidence for conviction, and the reasons for not granting the benefit....
The requirement of radiologist examination and production of x-ray files to prove the nature of injuries is essential in cases involving the determination of the nature of injuries under the Indian P....
Revisional jurisdiction limited to perversity; concurrent convictions set aside for overlooked medical discrepancies, unexplained accused injuries with interested witnesses, and reasonable doubt from....
Victim's testimony as an injured witness is credible and sufficient for conviction, even without additional eyewitnesses; technical defects in charge framing do not warrant overturning if no prejudic....
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