Order 6/2/2017 Petitioner has filed this petition under Section
482 Code of Criminal Procedure 1973 (hereinafter referred to as Cr.P.C.), challenging the order dated 3.1.2017, whereby application moved by the petitioner Section 216 Cr.P.C. for altering the charge against the petitioner was dismissed. Learned counsel for the petitioner has submitted that the petitioner is facing trial under Section 326-A Indian Penal Code 1860 (hereinafter referred to as IPC). As per the prosecution story petitioner had thrown Acid at the injured Bunty @ Bhagwan and Kamla Devi. The doctors who had examined 2injured have opined that the injuries on the person of the injured were simple in nature. Therefore, charge was liable to be altered to Section 326B IPC. Learned State Counsel, on the other hand has opposed the petition. Section 326A IPC and Section 326B IPC read as under :-
326A: Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine: Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim: Provided further that any fine imposed under this section shall be paid to the victim. Explanation 1.- For the purposes of ..... this section, "acid" includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability. Explanation 2.- For the purposes of ..... this section, permanent or partial damage or deformity shall not be required to be irreversible.'.
326B: Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent of partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years, but which may extent to seven years and shall also be liable to fine. Explanation 1.- For the purposes of section 326 A and this section, "acid" includes any substance which has acidic or corrosive character or burning nature, 3that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability. Explanation 2.- For the purposes of section 326 A and this section, permanent or partial damage or deformity shall not be required to be irreversible.'.
Thus, as per the above provisions charge has to be framed against an accused if the injuries suffered by the injured by use of Acid cause grievous hurt and charge is liable to be framed under Section 326B IPC where the injured suffers simple injury by use of Acid etc. As per Medico Legal Examination Report of injured Kamla Devi Ex.P.l5 she had suffered mild redness on both cheeks and t he said injuries were declared simple in nature. The injuries were opined to have been caused with an Acid. Ex. P.6 is the Medico Legal Examination Report of Bundy @ Bhagwan. As per the same, the injured had suffered an Acid injury on his left eye. The medical opinion was reserved after opinion was given by an eye-specialist. Eye Specialist Dr. Kedar Singh Chauhan appeared during trial as a witness as P.W.10. The said witness deposed that he had examined the injured on 28.12.2015. As per his opinion the injuries suffered by injured by Bundy @ Bhagwan were simple in nature. 4Thus, in the present case injured had suffered simple injuries by use of an Acid. In these circumstances, the charge was liable to be altered from Section 326A to Section 326B IPC by the trial court on an application moved by the accused under
Section 216 Cr.P.C. The trial court erred in dismissing the application moved by the petitioner under 216 Cr.P.C. Accordingly this petition is allowed. Trial court is directed to alter the charge framed against the petitioner from 326A IPC to 326B IPC. (SABINA)J. Mrg.