Ravindra Nath and Another vs State of U.P.

Krishna Kumar, J.—This revision has been filed against order dated 2421999 whereby the learned Additional Sessions Judge ordered for framing of charge. It is contended by the learned counsel for the revisionists that the chargesheet was submitted under Section 323 I.P.C. However, on the intervention of the public prosecute i, supplementary chargesheet was submitted for offence under Section 307, LEG It may be stated that the opinion given by the A.P.O. to the Investigating Officer has nothing to do with this case. The relevant fact is that the supplementary chargesheet was also submitted under Section 307 I.P.C. and further, the learned lower Court found thatprima facie it is also a case under Section 307 I.P.C. It may also be mentioned that the case also registered under Sections 307,323,506 I.P.C. It was satisfaction of the learned Sessions Judge and when he found that prima facie case under Section 307 I.P.C. is made out, it is finding of fact and cannot be assailed in revision.

In view of the above discussions, I do not find any force in this revision which is hereby rejected. Revision dismissed.