Indian Penal Code, 1860
Section 308/34—Framing of charge—Revision—Specific statements of public witnesses including complainant that three accused persons were armed with iron rods, and had caught hold of victim and had thereafter beaten him with iron rods—Further statements that present petitioners had also arrived at the spot, armed with wooden sticks, and had assaulted the victims, and third respondent who had sustained injuries on his head, which were opined to be grievous in nature—Third respondent had remained admitted in hospital for 21 days—At the stage of charge, since only a prima facie view of matter is to be considered on the basis of material on record, it is clear from statements of witnesses and circumstances of case that accused persons including petitioners would had sufficient knowledge that in case the victim was beaten with iron rods and wooden sticks on the head, it would have been sufficient under ordinary circumstances to cause death of complainant/victim so assaulted—In case death of victim would have been caused, the accused persons would have been guilty of culpable homicide not amounting to murder—At the stage of charge, the intention or knowledge of an accused envisaged under Section 308 IPC has to be ascertained only prima facie, on the basis of injury caused to victim, including as to whether it was caused on a vital part of body, and as to whether the said injury in ordinary circumstances could have caused the death of victim—From the record, it cannot be said that it was a simple case of scuffle between parties and it will be only during trial, that role of each accused will be clear on the basis of examination of evidence and witnesses—Fact that victim remained admitted in hospital for 21 days would also indicate the severity of injury and only after examination of doctor concerned, it would be clear as to whether it was sufficient to cause death of victim in ordinary circumstances—Mere fact that a cross-FIR was also registered against victims in this case, can be of no help to petitioners—Both the cases have to be tried independently on basis of facts and circumstances of each case and one cannot affect the outcome of other case at the very threshold—Petition dismissed. [Criminal Procedure Code, 1973, Section 397]
[Paras 13 to 18]