JUDGMENT :

1. Heard finally at motion stage.

2. This revision is directed against the order dated 23-10-2008 passed by 3rd Additional Sessions Judge, Shivpuri in S. T. No. 201/08, by which charge under section 326 has been framed against petitioner No. 1 Ramchandra and charge under section 326 read with section 34, Indian Penal Code has been framed against petitioner No. 2 Devendra and No. 3 Rakesh.

3. Being aggrieved by the impugned order this revision has been filed on the ground that the trial Court has committed error by framing charge under sections 326 and 326/34, Indian Penal Code because as per medical report, the injured Rajendra Singh Yadav received injury of fracture which is caused by hard and blunt object and this injury is a lacerated wound.

4. Counsel for the petitioner submits that as per section 320, Indian Penal Code the essential ingredients were not proved against the petitioners for framing charge under sections 326 and 326/34, Indian Penal Code. The medical report is not corroborated and the injury which is caused is fracture on the thumb and is caused by hard and blunt object. The trial Court has observed that if there is inconsistency in the evidence it may be c