N.N.Sharma - (1.) BOTH these revisions are connected and are being diposed of by this order.
(2.) CRIMINAL Revision No. 2432 of 1984 is directed against order dated 6-10-1982 recorded by Sri S. B. L. Kakkar, learned Sessions Judge, Saharanpur by which he allowed CRIMINAL Revision No. 101 of 1982 and set aside the order of learned Magistrate dated 30-3-82 to proceed with the trial of the case himself as a warrant case under Section 323/324/325 IPC by dropping Section 308 IPC. In pursuance of the order of revisional court, the learned Magistrate committed the case to the court of Sessions. Learned Sessions Judge framed a charge under Section 307 IPC against the revisionists on 7-6-84. This charge along with the order was assailed on behalf of accused-revisionists in CRIMINAL Misc. Application No. 5271 of 1984, under Section 482 CrPC, That application was rejected on 13-11-84. Criminal Revision No. 2.433 of 1984 is directed against that order dated 7-6-84 recorded by Sri K. K. Srivastava, learned Additional Sessions Judge, Saharanpur who framed the charge against the accused under Section 307 IPC in Sessions Trial No. 146 of 1983, State v. Rustam and others. One Ashique Hussain lodged a report against accused at Police Station Jwalapur, district Saharanpur on 28-11-80 at 7.45 P.M. about the assault on Mohd. Saddique and Mushtaque with lathis and spear. Accused Baqer was alleged to have used spear while the remaining assailants used lathis.
(3.) MOHD. Sadique and Mushtaque were medically examined on the same day. X-ray examination of one injured was also done. On 12-12-1980 charge sheet was submitted by investigator Sri Jai Prakash u/Secs. 323, 325 and 308 IPC. Pending the case before the Magistrate, an application was moved by accused on 30-11-1983 by which the investigator was summoned to state that it was on account of mistake that a charge sheet bad been submitted for an offence under Section 308 IPC also. An extract from the case diary was also filed by the investigator on that date in support of his statement.;