ATTACK ON SIKH YOUTH: POLICE FILE CHARGE-SHEET AGAINST ACCUSED
Odishabarta,Bureau
Bhubaneswar: The Commissionerate Police on Friday filed a charge-sheet at SDJM court here against three accused in connection with the brutal attack on state Capital based Sikh youth Parvider Pal Singh.
According to reports, the CP has filed the charge-sheet against one Deepak Jena, nephew of a former corporator, his associates Sankar Rout and Deepak Mohanty based on the medical examination report by a Medical Officer, CCTV footages and statements of eyewitnesses.
On Tuesday, the accused trio had attacked Singh in the presence of police personnel in the locality of Laxmi Sagar area of the capital city following an altercation over parking vehicle. Singh sustained multiple injuries in the attack. Though the accused were arrested, after a video of the brutal attack went viral.
Surprisingly they got bail within of their arrest (?).
Consider, what the IPC says. As per IPC such violent crimes need to be registered under two heads: Attempt to murder or grievously hurt.
First, Section 307 IPC, Attempt to Murder: Police often slap this section when accused having full knowledge act in such a way that may lead to death or murder or in the process inflict severe injuries on victim.
The essentials required for this section to be slapped are: Use of dangerous weapons, manner of its use, severity of blows on vital body parts of victim.
Second, Sections 325 or 326 of IPC, Voluntarily causing Grievously Hurt or Voluntarily causing Grievous Hurt with dangerous weapons.
It needs to be mentioned that while offence under sections 307 and 326 are non-bailable, it’s bailable under Section 325.Since the assault on the Sikh businessman hasn’t been done by sharp weapons, Police may not invoke section 307. Because, the main essential of Section 307 is weapons, not nature of injury.
However, as a grab of the viral video shows an assaulter attacking Singh with a brick, IPC says police may invoke Section 326 of IPC, which is Voluntarily causing Grievous hurt by use of weapons of offence (brick) that inflicted severe pain on the victim. And the offence is non-bailable.
Reports suggest police had registered the case under bailable sections like Section 325, which resulted in assailants getting immediate bail that made tongues wagging, and has also given an opportunity to the opposition to take a jibe at the State Government.
As per NCRB report 2018, the State police had registered a mere 66 cases under Grievous hurt non-bailable in proportion to a massive 440 cases of Grievous hurt bailable in the yea
It is claimed that the accused were released from the jail as lesser charges were framed against them by the cops. However, the Twin City Police Commissionerate today stated that it has gone strictly as per legal opinion and also prayer made for early cognizance and trial in the case.
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