1. This revision petition under Section 401 of the Code of Criminal Procedure 1973 (shortly called the Code) read with Article 227 of the Constitution has been filed by the State for revising the order of the Sessions Judge, dated 24-6-1974. The Magistrate committed the respondents for trial under the provision of Sections 302/34 and Section 342 of the Indian Penal Code. The learned Sessions Judge, it appears, after going through the police record opined that it was not a case under Section 302, I.P.C. so as to frame a charge under that Section. According to him, the case was only one under Section 342, I.P.C. He further observed that the opinion of the medical officer was that the injuries mentioned in his report, dated 14-2-1974 could not have been possible by striking against protruding stones or rocks, etc. and they were caused by some weapon. This fact is to be established by the prosecution during the trial. It is to be determined during the trial whether the said injuries were simple injuries on grievous injuries. The offences under Sections 323, 325 and 326, I.P.C. are triable by a Magistrate and similarly the offence under Section 342, I.P.C, is also one triable by an