Court directs framing of charges for lesser offences in a case involving allegations of grievous hurt and robbery.
The Punjab and Haryana High Court, presided by Justice Sumeet Goel, has issued a significant ruling in the case of Dr. Rohit Lalit v. State of Haryana, involving allegations of grievous hurt. The court modified the charges initially framed against the accused, Dr. Rohit Lalit and others, by the Additional Sessions Judge, Gurugram. The revision petitions filed by both the accused and the complainant, Nishant Verma, were considered together.
The case stemmed from an incident on August 27, 2023, where Nishant Verma alleged he was assaulted, leading to multiple injuries. Initially, charges were framed against the accused under various sections of the Indian Penal Code (IPC), including Sections 323, 325, 331, 341, 201, 506, and 34. The accused sought the deletion of Sections 325 and 331, while the complainant sought the addition of more severe charges under Sections 307 and 379-B.
In its detailed judgment, the High Court emphasized the need for a prima facie assessment of the material on record when framing charges. The court noted that medical evidence plays a crucial role in cases involving allegations of grievous hurt. It found that the medical records characterized the injuries as simple rather than grievous, leading to the conclusion that charges under Sections 325 and 331 were unsustainable.
The court also rejected the complainant's plea to add charges of attempt to murder and robbery, citing a lack of sufficient evidence to support such allegations. It upheld the deletion of the robbery charge during the investigation, as the investigating agency found no foundational material to sustain it.
Ultimately, the court directed the framing of charges against the accused under Sections 323, 330, 341, 201, 506, and 34 of the IPC. The decision underscores the judicial responsibility to carefully scrutinize evidence and ensure that charges reflect the actual nature of the alleged offences.
Bottom line:-
Charges framed against accused must be based on a prima facie assessment of material on record, and the medical evidence plays a determinative role in cases involving allegations of grievous hurt.
Statutory provision(s): Criminal Procedure Code, 1973, Sections 227, 228, 239, 240, 245, Indian Penal Code, 1860, Sections 323, 325, 331, 330, 307, 379-B, 341, 201, 506, 34.
Dr. Rohit Lalit v. State of Haryana, (Punjab and Haryana) : Law Finder Doc id # 2910009
