- (1.) B. K Sharma, J. These two revi sions, directed against the same judgment and order dated 14-3-1997 passed by the learned Sessions Judge. Uttar Kashi in S. T. No. 3/97 State v. Attar Singh and others are being finally disposed of today with the cpnsent of the panics Counsel in these re visions by a common judgment.
(2.) IN this Sessions Trial the learned Sessions Judge, Uttar Kashi has directed to frame charges against both accused-revisio nists Attar Singh and Devendra Singh for the offences under Ss. 307 and 498-A, IPc Learned Counsel for the revisionists has led me through the FIR and the state ments of the witnesses under Section 161, Cr. P. C. , whose copies have been filed by the revisionist and also the medical repot of victim Smt. Chaturi Negi complainant-injured in this Trial. I have perused the copy of the injury report in respect of the said victim Smt. Chaturi Negi injured, in which though there were seven injuries recorded (which included five injuries which are about complaint of pain over different parts of the body with no visible injury) and one injury was recorded as Faemotoma over left scapular region and a boil was recorded on the middle of the foot. The said injury re port (Annexure No. II to Criminal Revision No. 646 of 1997) indicated that in the opinion of the Doctor all the seven injuries were simple in nature. In view of this state of medical evidence and the allegations in the material which were before the Sessions Judge while framing charges, it is obvious that the Sessions Judge was justified in framing charge under Sections 498-A and 323/34, IPC against both the accused-revisionists, but he was not at all justified in framing a charge for the offence under Sec tion 307, IPC as he has done in these cases. Consequently, interference is called for in these revisions to the aforesaid extent. Consequently, both the revisions are partly allowed. The" impugned order dated 14-3-1997 passed by the Sessions Judge, Uttar Kashi in S. T. 3/97, State v. Attar Singh and others is modified to the extent that the charge under Sec. 307, IPC against both the accused-revisionists is set aside and the learned Sessions Judge concerned is directed to frame charges against both the accused-revisionists under Sees. 323/34 and 498-A, IPC and then transfer these cases under Sec. 228 (1) (a), Cr. P. C. to the Chief Judicial Magistrate Uttar Kashi for trial of both the accused-revisionists i. e. , Attar Singh and Devendra Singh, for the offences under Sections 323/34 and 498-A, IPC. Both these accused-revisionists are directed to appear before the Sessions Judge, Utta, Kashi on 4-12-1997 for further orders.
(3.) LET a certified copy of this judgment and order be issued to learned Counsel for the accused- revisionists within seven days on payment of usual copying charges. Revisions partly allowed. .;