The single judge bench of Justice Meenakshi L. Mehta of the Punjab and Haryana High Court in the case of Balbir Chand and others Vs State of Punjab and another held that the appreciating and evaluating the evidence that may be led on the record during the course of the trial and the same cannot be decided at the stage of the framing of the charges.
BRIEF FACTS
The factual matrix of the case is that the criminal case was registered against the petitioners under Sections 307, 452, 427, 323, 380, 148, 149 IPC and Sections 25 & 27 of the Arms Act. Moreover, during the investigation, the offence under Section 307 IPC was dropped in the case in view of the report qua the inquiry as conducted by the Deputy Superintendent of Police, and thereafter, the Challan/Final Police Report under Section 173 Cr.PC was submitted in the Court under Sections 452, 323, 427, 380, 148 & 149 IPC and Sections 25 & 27 of the Arms Act.
Thereafter, an application was filed that the offence under section 307 is also made out. However, the trial Court dismissed the said application and the criminal revision, preferred by the informant-injured to challenge the afore-said order, was also dismissed by the Revisional Court.
The learned counsel appearing on behalf of the petitioner has contended that during the investigation, offense under section 307 was dropped out on the basis of inquiry made by the DSP. The application, moved by the prosecuting agency subsequently for adding the offence under Section 307 IPC in the case, as allowed was not maintainable.
The learned counsel appearing on behalf of the state has contended that the prosecution witnesses as examined in the Court, have made categoric depositions regarding the use of the fire-arms in the crime and therefore, the offence under Section 307 IPC has rightly been added in this case as well as in the Charge-Sheet and it being so, both the instant petitions be dismissed.
COURT’S OBSERVATION
The hon’ble court held that the offence under Section 307 IPC having been dropped in the case on the basis of the afore-discussed inquiry report, the same does not hold much water because the deletion or addition of any offence in the case by the investigating agency cannot be construed to be the final verdict and rather, after the presentation of the Challan/Final Police Report, it is exclusively within the domain of the competent Court to ascertain/decide as to whether a particular offence is made out in the case or not.
Furthermore, the trial Court at the appropriate stage after appreciating and evaluating the evidence that may be led on the record during the course of the trial and the same cannot be decided at the stage of the framing of the charges because it is well-settled that while framing the charge, the trial Court is supposed to only ascertain as to whether a primafacie case is made out against the accused in view of the material available on the record and at that stage, the Court is not required/supposed to weigh or evaluate the said material from the point of view of determining/ deciding as to whether the same would suffice to end in conviction or acquittal of the accused.
CASE NAME- Balbir Chand and others Vs State of Punjab
CITATION- CRM-M No.17543 of 2016
CORUM- Justice Meenakshi L. Mehta
DATE- 11.11.22
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