KAUSHALIABEN A. THAKKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE .

(2.) RESPONDENTS waive service. By consent, Rule made returnable and heard forthwith.

(3.) THE Police had filed a charge -sheet against the accused amongst others under Section 307 of the Indian Penal Code. An offence under Section 307 of IPC is tribale by the Court of Sessions. The matter was before the Magistrate for committing the proceedings. On behalf of the accused/respondents, it was submitted that initially the case was registered under Section 326, no deadly weapons were used nor grievous hurt caused and consequently there was no material on record disclosing an offence under Section 307 of IPC and prayed that the proceedings under Section 307 be dropped. Learned Magistrate impressed by the said arguments allowed the said application and held considering the nature of the injuries, nature of weapon, nature of allegations and nature of day, date, place and timing, Section 307 was not attracted and dropped the said charge and held that the respondents accused can be charged for offence under Sections 326, 506(2) r/w 34 of Indian Penal Code. It is this order which is assailed before this Court.