RAM BALI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel and also perused the impugned judgment and order dated 2nd February, 1996, whereby the Sessions Judge, Azamgarh allowed the revision application of the revisionist/complainant Awadhoo Kewat and directed the lower court, i.e., the Court of Magistrate to frame charge under Section 307 of the I.P.C. also against the accused persons, as the injury upon the victim was on the vital part of the body and his intestines had come out. The learned Sessions Judge, therefore, was of the opinion that it was a fit case for trial under Section 307, I.P.C. also. Feeling aggrieved, the accused persons have come to this Court.

(2.) THE police originally had submitted the charge-sheet under Section 307, I.P.C. also against the accused persons but with the change of the Investigating Officer, a supplementary report was submitted praying that Section 307 of the I.P.C. be dropped, as no case was made out under this provision of the I.P.C. THE Magistrate accepted the supplementary report of the Investigating Officer and dropped the charge under Section 307 of the I.P.C. Feeling aggrieved, the complainant Awadhoo Kewat had preferred the aforesaid revision application before the learned Sessions Judge.