RAVINDRA SINGH,J. - (1.) HEARD Sri S.K. Dubey, learned Counsel for the appli ­cant, learned A.G.A. for the State of U.P. and Sri N. D. Shukla, learned Counsel for the complainant who have not been impleaded as opposite parties.
(2.) THIS application has been filed with a prayer to set aside the order dated 5.8.2008 passed by learned Addl. Sessions Judge, Court No. 3, Bhadohi in S.T. No. 134 of 1997 and to direct the Trial Court to frame the charges against the accused per ­sons under section 326 IPC. The facts in brief of this case are that the FIR has been lodged by the appli ­cant in case crime No. 225 of 1990 under sections 324, 325, 504 IPC, P.S. Suriyawan, District Varanasi on 14.11.1990 against the accused Baduk Nath Tiwari, Shiv Kumar Tiwari and Saroj Tiwari with the allegation that the accused persons caused the injuries by using kicks, fists, lathi, Danda and Farsa blows consequently the applicant Devmani Pandey had sustained incised wound which was found grievous in nature caused by sharp object. The case was committed to the Court of Sessions which is pending in the Court of learned Addl. Sessions Judge, Court No. 3, Bhadohi vide S.T. No. 134 of 1997. At the stage of the trial, an applica ­tion has been moved from the prosecution side to correct the charge framed by the Court by correcting the time of the incident as 6.00 P.M. at the place of 8.00 P.M. and to delete wording by which it has been men ­tioned that the injuries were caused by Lathi and Danda and to frame the charge under section 326 IPC. The application was partly allowed by correcting the time of the incident and deleting words by which it has been mentioned that injuries were caused by lathi and danda and adding the words by which injuries were caused by Farsa. But the Trial Court has refused to frame the charge under section 326 IPC. Being aggrieved from the order dated 5.8.2008 by which the charge has not been framed under section 326 IPC. This appli ­cation has been filed by the applicant.
(3.) IT is contended by learned Counsel for the applicant that according to the medical examination report of the appli ­cant he had sustained only three injuries which were grievous in nature which dis ­closes the commission of the offence under section 326 IPC even then the charge has been framed under section 324 IPC. The learned Trial Court has committed a mani ­fest error by not framing the charge under section 326 IPC.;