ORDER

The present revision is filed under section 397/401 of Cr.P.C. being aggrieved by the order dated 12.1.2024 passed by II ASJ, Narsingarh whereby against the applicant charge under sections 294, 323, 326 and 506(I) IPC have been framed.

2. Counsel for applicant submits that as per prosecution case, allegation against the present applicant is that he had caused injury to the victim with the help of stone and therefore, the charge under section 326 IPC has been wrongly (VIJAY KUMAR SHUKLA) JUDGE framed, at the most the charge under section 325 IPC shall be made out.

3. Counsel for the State submits that allegation against the applicant is that he had caused injury on the head of the victim with the help of stone which resulted into fracture, therefore the court has rightly framed charge under section 326 IPC.

4. To appreciate the aforesaid submission, it is apposite to refer section 326 IPC which is reproduced below :-

Section 326 - Voluntarily causing grievous hurt by dangerous weapons or means - Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrum