MUKESH KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) IN a criminal case (2792 of 1997) pending before Additional Chief Judicial Magistrate, Court No. 18, Gorakhpur, the Trial Magistrate who had initially framed the charge under Section 323 I.P.C. besides the other Sections of the I.P.C, subsequently amended the charge from one under Section 323 I.P.C. to Section 326 I.P.C. against the O.P.s accused, which was challenged in a revision by the O.P.s accused.

(2.) THE Sessions Judge (In Criminal Revision No. 74 of 2001) held that no charge under Section 326 I.P.C. could be framed and against that order, the complainant has come to this Court, under Section 482 Cr.P.C.

(3.) SECTION 320 I.P.C. specifies only 8 types of Hurt as grievous, which are as follows :