RAJESH CHANDRA,J. - (1.) THE revisionists Ram Narayan and Raj Narayan have filed this revision against the order dated 16.09.2008 passed by Sessions Judge/Fast Track Court no. 4, Fatehpur in S.T. no. 294 of 2008, framing the charges against the revisionists for the offences under Sections 323/34, 308/34 and 504 I.P.C.
(2.) BRIEF facts of the case are that the first informant Rakesh submitted a report at P.S. Bakewar, District Fatehpur on 20.6.07 alleging therein that the accused Raj Narayan, Ram Narayan and Bhadai were vituperising the complainant on the matter of throwing the garbage and when the first informant asked them not to abuse, he and his son Vinay were severely beaten. They both sustained severe injuries. The offence was initially registered for the offences under Sections 323 and 504 I.P.C. The informant's son Vinay aged about 11 years was examined at P.H.C. Deomai, District Fatehpur on 23.06.2007 and one lacerated wound 3.5 cmx1 cmx1cm deep on junction of both parietal bone on skull, 14 cm above from right ear pinna, alongwith traumatic swelling on 1st metacarpal of right hand was found and both the injuries were kept under observation. The doctor advised X-ray of both the injuries. In the opinion of doctor the injuries were about three days old. From the papers filed along with revision it appears that the above said injuries were X-rayed and X-ray report dated 26.06.2007 revealed that there was a crack fracture in the right parietal bone and again there was a fracture in metacarpal bone.
(3.) THE Trial Court vide order dated 08.09.2008 found that the offences under Section 323, 504 and 308 I.P.C. are made out and thereafter framed charges against the accused Raj Narayan and Ram Narayan for the offences under Sections 323/34, 308/34 and 504 I.P.C. on 16.09.2008.;