2010 Supreme(All) 2511

` [2010(7) ADJ 43 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : S.C. AGARWAL, J.
JAIPAL AND ANOTHER ....Revisionists
Versus
STATE OF U.P. AND ANOTHER ....Opposite Parties
(Criminal Revision No. 2942 of 2010, decided on 2nd August, 2010)

Headnote:Criminal Procedure Code, 1973—Sections 397 and 401—(Indian) Penal Code, 1860—Sections 323 and 308—Framing of charge—Revision against—Charge framed under Section 308 of IPC regarding attempt to commit culpable homicide—On medical examination eight injuries were found on person of injured—Out of which three injuries were on head—Even spade blows on head of injured prima facie reveal—That intention of revisionists was to cause atleast such an injury which could cause death—Accused may not have any intention to cause death—But, such knowledge can be attributed to accused—That causing injury on head by a spade might have caused death of injured—No illegality in order framing charge under Section 308 of IPC. Revision Dismissed.