The Punjab and Haryana High Court has reprimanded a presiding officer of Ambala for not measuring the size of the bar in the case of attack with a bar. The High Court has clarified that the exact description of the weapon used in a criminal offense is very important to know the intention to commit the crime.
While hearing the matter, the bench asked the Additional District and Sessions Judge, Ambala to tell the presiding officer to tell the difference between inches and centimeters and diameter and circumference. In cases of injury, accurate description of the weapon is extremely important. The type of weapon used by the accused, apart from the circumstances, explains his intention.
This shows that his motive was only to cause hurt or culpable homicide not amounting to murder or murder. Saria was enough to attack. Anyone who is hurt with a 3 inch thick heavy rod can be put to death. It is also not necessary to measure to the level of millimeters or part thereof, but it should be such that gives a clear idea to the court and should not be misleading.
Demand to add section 326
High Court Justice Gurvinder Singh Gill gave this order while hearing the petition of a person from Haryana in the matter. The girl of the petitioner was assaulted and the Judicial Magistrate of Ambala charged the accused under sections 323 (intentional hurt), 325 (intentional grievous hurt) and 452 (assault, hurt or wrongful intention to imprison house) of the IPC. Forcible entry in I) and 34 (Sanjhi Soch) were ordered to register a case.
In the case, the prosecution had said that the daughter of the petitioner was attacked with a ‘bar’. In such a situation, section 326 (intentionally causing grievous hurt by any dangerous weapon, etc.) should also be added. However, the High Court said that there was lack of merit in the petition. As such it has to be cancelled. The High Court also said that either the trial court did not responsibly comply with the orders of the High Court and or else it did not know the difference between centimeters and inches.
Did not get satisfactory reply on old orders
Earlier, the High Court, in its orders dated February 11, 2022, had said that there is some uncertainty in the description of the weapon. In such a situation, orders were given to the trial court to inspect the weapon and hand over the information about its size etc. to the High Court. In response, the presiding officer had sent 4 pictures of the diameter of the weapon. In one of these pictures, the diameter of one end of the bar, which seemed to be slightly flattened, appeared to be one inch. This size was given according to the measuring tape.
However, it was also stated that the diameter from the hand side would be three times the actual diameter. In such a situation, the High Court said that there were shortcomings in measuring the size of the weapon. This shows that the presiding officer either did not engage his mind while taking the measurement of the weapon or he did not know the difference between inches and centimeters and diameters and circumferences. In such a situation, the ADSJ of Ambala has been asked to call the concerned presiding officer and tell him the difference between inches and centimeters and diameter and circumference.
At the same time, measure the weapon in front of the ADSJ presiding officer and include it in the court file. The High Court will hear the matter on 30 September.
Credit: www.bhaskar.com /