RAJ KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the revisionists and the learned A.G.A. appearing for the State.

(2.) In this case, the revisionists were initially charge-sheeted under Ss. 323, 504, 506, I.P.C. in Case Crime No. 731-A of 2001, but later a charge has been framed against them also under S. 307, I.P.C. It is contended by the learned counsel for the revisionists that the said application has been made by way of counter-blast to a charge-sheet, which was submitted against the opposite party No. 2 and others at the instance of the revisionists under Ss. 308, 323, 504 and 506, I.P.C.

(3.) Learned counsel for the revisionists has confined his prayer to the effect that the revisionists be permitted to continue on the same bail subject to their furnishing fresh bail bonds to the satisfaction of the Magistrate concerned. Although by order of the Additional District Judge (Fast Track Court No. 5), SaharAnpur dated 21-10-2004 the charge is to be framed in this case under S. 307, I.P.C. however, as the allegations were that the fire that was made by the accused did not cause any injury to the victim, hence for this offence under S. 307, I.P.C., the maximum punishment is only up to 10 years R.I. as a punishment up to imprisonment for life is provided only when "hurt is caused to any person by such act." This is not the allegation in the present case.