The accused can be convicted for the act they actually committed, and the nature of injuries and evidence presented are crucial in determining the sustainability of charges.

JUDGMENT :

1. The applicants/accused have preferred this revision being aggrieved by the order dated 5-8-2011 passed by Special Judge (Constituted under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short 'the Act') Sagar, in Sessions Trial No. 84/11, framing the charges against each of them for the offence of sections 147, 148, 186/149, 353/149, 307/149, 333/149, 332/149 and 294 of Indian Penal Code and also of section 3(2)(v) of the Act.

2. The facts giving rise to this revision in short are that on dated 14-3-2011, at about 10.30 in the night Amar Singh, Head Constable posted at Police outpost Athawan of Police Station Varaytha lodged a First Information Report at Police Station Varaytha contending that he along with Constable Arvind Yadav and Anand Pratap after taking their meals was taking rest in the police outpost, at about 10.20 p.m. the applicants accompanied with other 15 to 20 persons lashed with Katarna, the sharp edged weapons, Ballam, (Spear) a sharp edged pointed weapons and sticks due to earlier enmities on account of some old report, by entering in the police outpost in furtherance of their common object, started violence. On asking them the reason in this regard on which, the applicant No. l Jhallu Raja gave a blow of Katarna on him with intention to cause his death consequently, he sustained the injury on his head with bleedings. He shouted for help on which, the abovementioned Arvind and Anand Pratap, taking rest, came to rescue him, then said Constable Arvind, was subjected to blow of Katarna by the applicant No. 2 Makhan Singh resultantly, he also sustained the hurt on his head with bleeding. Simultaneously, the Constable Anand Pratap was subjected to blow of lathi by co-accused Bade Lodhi resultantly, he sustained the injury in his leg. As per further averments, by the abovementioned acts, the applicants accompanied the other co-accused have created the obstruction in discharging their duties as police officials. It was also stated that the complainant-Amar Singh, was also humiliated and harassed by the applicants along with the co-accused on account of his caste covered under the Act. In view of the aforesaid factual matrix, the crime of the offence of sections 452, 334, 332, 294, 307, 147, 148, 149, 353 and 332 of Indian Penal Code and section 3(2)(v) of the Act was registered against the applicants and other co-accused. After lodging the report, the victims were sent to the hospital where on medical examination their MLC reports were prepared. The victim Amar Singh and Arvind, were advised to carry out the X-ray of some injuries. On carrying out the same, no fracture was found on the person of Arvind while, the fracture in the 1st metacarpal of the right hand of Amar Singh, was revealed. After holding the investigation, the applicants along with other co-accused were charge-sheeted for their prosecution under the aforesaid sections. After committing the case to the Sessions Court on framing the charges of the sections mentioned in the first para of this order, the applicants abjured the guilt and being dissatisfied with such order, has come to this Court with this revision.

3. Applicants' counsel Shri R. S. Patel, after taking me through the certified copy of the charge-sheet placed on the record along with the impugned order and the framed charges argued that on taking into consideration the face value of the entire charge-sheet as accepted in it's entirety, the charge of section 307 or 307 read with section 149 of Indian Penal Code are not made out and prayed for setting aside such charge framed by the trial Court, in continuation, he said that after framing the charge of sections 333/149 and 332/149 of Indian Penal Code, the charges framed under sections 186/149 and 353/149 of Indian Penal Code are not sustainable as the offence made punishable under sections 186 and 353 of Indian Penal Code being minor offence of section 333 and 332 of Indian Penal Code, the charge of such