SANJEEV SACHDEVA, J.

CRL.REV.P. 323/2017 & Crl.M.A.7299/2017 (stay)

1. The petitioners impugn order dated 28.01.2017, whereby, charge, inter alia, under Section 307 Indian Penal Code (IPC for short) has been framed against the petitioners.

2. The allegations in the FIR are that the complainant had suspected that his wife was having an affair with one of the co-accused and, as such, there was enmity between them. It is further contended that at 9 am in the morning, when he was walking by his house, the petitioners are alleged to have made an allegation against him of misbehaving with the sister of the petitioner No.3. Thereafter, it is alleged that two of the petitioners brought iron rods and two of the petitioners had wooden sticks in their hands, they held him and thereafter assaulted him, because of which, he sustained injuries on his head, face and body.

3. Learned counsel for the petitioner submits that the petitioners have been falsely implicated and from a bare perusal of the FIR and the statement of the witnesses recorded during investigation, no offence under Section 307 IPC is made out. He further submits that even charge sheet was filed only under Section 308 IPC. H