KUDAU SAHU Vs. STATE OF M P

JUDGEMENT

(1.) Heard on the question of admission. By this Criminal Revision under Section 397/401 of Cr.P.C. the applicant has challenged the order dated 24.10.2013 passed by the learned 7th Additional Sessions Judge, Sagar in ST No.440/2013 whereby charge of offence under Section 326 of IPC is framed against the applicants along with other charges.

(2.) The prosecution case, in short, is that on 23.12.2012 at about 5:00 PM the applicants assaulted the victim Dashrath in front of house of Kudau Sahu at Village Luharra (Police Station Naryavali District Sagar).

(3.) On the basis of the aforesaid discussion, the revision filed by the present applicants is hereby allowed. The impugned order dated 24.10.2013 passed in ST No.440/2013 by the 7th Additional Sessions Judge, Sagar is hereby set aside. The applicants are discharged from the charge of offence under Section 326 of IPC. The trial Court is directed to proceed under Section 228 of Cr.P.C. for trial of offence under Sections 324 and 325 of IPC along with other charges. A copy of this order be sent to the trial Court for information and compliance. Certified copy as per rules.