- (1.) Leave granted.
(2.) This appeal is directed against judgment dated May 25, 2007, rendered by the learned single Judge of High Court of Judicature at Allahabad in Criminal Revision No. 5819 of 2006, by which the finding recorded by the learned Additional Sessions Judge, Jaunpur in Sessions Trial Case No. 271 of 2000, decided on September 7, 2006 that the appellants are not guilty under Section 308 IPC but are guilty under Section 324/149 IPC and are entitled to be released on probation of good conduct, is set aside and the case is remanded to the Court of learned Additional Sessions Judge with a direction to pass fresh order of conviction of the appellants in the light of observations made in the judgment and impose sentence on them in accordance with law.
(3.) The facts emerging from the record of the case are as under: The respondent No. 1, i.e., Kant Pandey, resides at village Tikara, District Jaunpur. On May 16, 1999, the appellants formed an unlawful assembly, common object of which was to cause injuries to Varun and Manoj, who are sons of Kant Pandey. At about 11.30 a.m., the appellants, in furtherance of their common object, assaulted Varun and Manoj who were ploughing their field with a tractor and caused injuries to them and when Kant Pandey tried to save his sons, he was also assaulted and his licensed gun was broken. The First Information Report was lodged by Kant Pandey, on the basis of which investigation was conducted. At the conclusion of investigation, the appellants were charge-sheeted in the court of learned Magistrate for commission of offences punishable under Sections 147, 148, 308, 323, 325, 427, 504, 506 read with Section 149 IPC. As offence punishable under Section 308 IPC is exclusively triable by a Court of Sessions, the case was committed to the Court of Sessions, Jaunpur, for trial.;