- (1.)Heard on the question of admission. By this Criminal Revision under Section 397/401 of Cr.P.C. the applicant has challenged the order dated 24.10.2013 passed by the learned 7th Additional Sessions Judge, Sagar in ST No.440/2013 whereby charge of offence under Section 326 of IPC is framed against the applicants along with other charges.
(2.)The prosecution case, in short, is that on 23.12.2012 at about 5:00 PM the applicants assaulted the victim Dashrath in front of house of Kudau Sahu at Village Luharra (Police Station Naryavali District Sagar).
After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, it would be apparent that the various fractures were found to the victim Dashrath on his fingers whereas such injuries were caused by hard and blunt object. Due to the fractures caused to the victim Dashrath, no offence under Section 326 of IPC shall be made out. The trial Court has framed the charges of offence under Section 326 of IPC due to assault caused on the head of the victim. If the MLC report of the victim Dashrath is seen, then two incised wounds were found on the occipital region of his head, therefore there is no possibility of disfiguration due to such injuries. Under such circumstances, it cannot be said that any grievous injury was caused due to sharp cutting weapon. It is also true that one lacerated wound was found to the victim Dashrath on his forehead, but it was not caused by any sharp cutting weapon, and therefore prima facie no offence under Section 326 of IPC shall be constituted. At the most offence under Sections 324 and 325 of IPC shall be constituted against the applicants. Under such circumstances, the learned Additional Sessions Judge has committed an error in framing the charge of offence under Section 326 of IPC against the applicants, and therefore looking to the illegality and perversity in the impugned order, that cannot be maintained.

(3.)On the basis of the aforesaid discussion, the revision filed by the present applicants is hereby allowed. The impugned order dated 24.10.2013 passed in ST No.440/2013 by the 7th Additional Sessions Judge, Sagar is hereby set aside. The applicants are discharged from the charge of offence under Section 326 of IPC. The trial Court is directed to proceed under Section 228 of Cr.P.C. for trial of offence under Sections 324 and 325 of IPC along with other charges. A copy of this order be sent to the trial Court for information and compliance. Certified copy as per rules.