1. - I have heard Mr. Dhankar, learned Counsel for the petitioner. No body appears on behalf accused respondents inspite of service of notice on them. The police had filed a challan against the accused-persons for offences under Sections 147, 148, 149, 307, 326, 323 and 452, Indian Penal Code. Learned Addl. C.J.M Kishangarh Bas by order dated 22-9-1986 committed the case for trial to the court of Sessions. Learned Addl. Sessions Judge, Kishangarh Bas (Alwar) by order dated 17-10-1987 held that prima facie no offence was made out under Section 307 Indian Penal Code and as such remanded the case for trial to the Addl. CJM for offences under Section 147, 148, 149, 326 and 323, Indian Penal Code, only.

2. It is argued by Mr. Dhankar that according to the prosecution case seven persons were injured and the accused persons had come armed with lathies, axes and other weapons. It is submitted that Ashok Kumar had received an injury on the head by an axe which was found to be of grievous nature after x-Ray examination. It is thus submitted that a clear case under Section 307 Indian Penal Code is made out.

3. Learned P.P. has also supported the contention of Mr. Dhankar.

4. I have seen