ASLAM Vs. STATE OF U P

JUDGEMENT

(1.) BOTH these revisions are connected and are being diposed of by this order.

(2.) CRIMINAL Revision No. 2432 of 1984 is directed against order dated 6-10-1982 recorded by Sri S. B. L. Kakkar, learned Sessions Judge, Saharanpur by which he allowed CRIMINAL Revision No. 101 of 1982 and set aside the order of learned Magistrate dated 30-3-82 to proceed with the trial of the case himself as a warrant case under Section 323/324/325 IPC by dropping Section 308 IPC. In pursuance of the order of revisional court, the learned Magistrate committed the case to the court of Sessions. Learned Sessions Judge framed a charge under Section 307 IPC against the revisionists on 7-6-84. This charge along with the order was assailed on behalf of accused-revisionists in CRIMINAL Misc. Application No. 5271 of 1984, under Section 482 CrPC, That application was rejected on 13-11-84.

(3.) MOHD. Sadique and Mushtaque were medically examined on the same day. X-ray examination of one injured was also done.