( 1 ) THIS revision purporting to be under Sections 399/401 Cr. P. C. is directed against the order dated 13. 8. 1993 rendered by First Addi. District and Sessions Judge, Kanpur Nagar in S. T. No. 510 of 1992 framing charge against the accused applicant under Sec. 308/34 I. P. C.

( 2 ) THE facts giving rise to the present application will need a little reference for proper appreciation of the applicable law. A first information report was lodged with the police on 16. 8. 1987 by one Rakesh Kumar Sharma conveying that he was going to Sarsaul from Kanpur on that day, and around 11 a. m. when his tempo was near Narbal tun, some scuffle took place between Nasir, the driver of tempo on one hand and Munnu Lal that is, one of the present applicants. Rakesh Kumar Sharma according to the allegations in the F. I. R. tried to intervene, whereupon Munnu Lal and Babu Singh assaulted him also with the help of Sariya iron rods causing serious injuries in the head region. The First Information Report described offence as one under Sec. 308 I. P. C. A copy of injury report has also been filed and it shows simple injuries upon the person concerned. Since the charge has been framed unde