(1.) HEARD. The applicant has preferred this revision against the order dated 17-3-2001 passed by the Vth Additional Sessions Judge, Durg, framing charges against the applicant for offences punishable under Sections 147, 148/307 of the Indian Penal Code and under Sections 25/27 of the Arms Act.
(2.) ACCORDING to the prosecution case, one Upendra along with his brother had gone to Durg for filing tender in the Public Works Department. It is stated that while he along with Gopal, Manish Sillu was coming out, the applicant armed with deadly weapons i.e., Sword, Lathi and Farsa attacked Upendra and Gopal and as a result of which they sustained injuries. Report was lodged. After due investigation, challan was filed. Learned Sessions Court after scrutinizing the material on record has framed the charges. Learned Counsel for the applicant submitted that it is a simple case under Section 323 of IPC and charges under Sections 147, 148/307 ought not to have been framed. Learned Counsel for the State on the other hand submitted that there is sufficient material on record for the purpose of framing of charges.
(3.) HEARD at length and material perused.