This revision application has been filed against the order dated 29.5.2002 whereby the learned Additional Sessions Judge, Fast Track Court No. 2 passed the order impugned finding the case made out under section 307 of the Indian Penal Code as well.

2. The learned counsel for the petitioners, at the very outset, submitted that there is allegation against petitioner no. 1 for causing sword blow but the doctor examined the injured and did not find sharp cut injury and, as such, the whole allegation regarding causing sword blow becomes falsified as well as there is no repetition of blow and, as such the offence under section 307 of the Indian Penal Code is not made out.

3. Mr. Kailash Prasad Deo. learned counsel appearing on behalf of opposite party no. 2 contended before me that there was a case and counter case between the parties for the same occurrence and all the accused persons including petitioner no. 1 having deadly weapons assaulted the informant parties causing several injuries and the court below has rightly held about the injury caused on the skull which is the vital part of the body.

4. From going through the order impugned, it appears that the Medical Officer found one