- (1.) R. K. Saxena, J. A charge-sheet was submitted after usual investigation against the applicants under various Sections of the Indian Penal Code (hereinafter referred as the Code) including Section308 thereof. As a consequence whereof, the revisionist were committed to the Court of Session. The Second Additional Sessions Judge, Muzaffar-nagar, seized of the matter, rejecting the assertions of the revisionists that prima facie no case under Section 308 of the Code is made out, directed that a charge be farmed under the said Section also. The correctness and the propriety of this order has been assailed by means of this revision by the accused of that case Sessions Trial No. 390 of 1988. The learned Counsel for the revisionists contends that there is no corroborating evidence to indicate that the alleged victim of assault suffered injuries. In the same continuation it is urged that the wound report was prepared three days after the first information report had been lodged in respect so that incident. The contention is that it may be a case under Section 323 of the Code and not beyond that the submissions therefore is that the case is not triable by the Court of Session.
(2.) THE questions as to whether or not there is going to be any corroboration of the statement of the victim of the alleged assault and as to whether the injury report relied on by the prosecution is a fabricated document will be within the realm of the fact. THE evidence is still to be adduced at the trial and the Court seized of the matter would undoubtedly record its findings thereon. The learned Sessions Judge has, prima facie, formed an opinion that the provisions of Section 308 also stand attracted. He has referred to the injuries allegedly suffered by the victim of the assault. I do not want to express any opinion in that respect obviously for the reasons that it will then be difficult for the revisionists to challenge before the court below that the provisions of Section 308 of the Code do not stand attracted. The revisionists have already entered appearance before the court concerned and the mere framing of the charge has not resulted in any manner whatsoever, in miscarriage of justice. Moreover the charge can always be altered at any rate conviction for minor offence if proved, can be recorded. I would however like to impress upon the Court below that while disposing of the case finally, it shall not be guided by its own impression expressed in the impugned order. The matter at final stage should be inde pendently scrutinized in the light of the evidence that comes up before it and then it should be seen as to what relevant offence of the Code, if any, is made out. The petition is dismissed. Petition dismissed. .;