Devendra Kumar Kesharwani and 4 Others v. State of U.P. and Another
Case brief
What is this about?
Allahabad High Court, Criminal Revision No. 33 of 2026, decided January 8, 2026 by Abdul Shahid, J. Revision against framing of charge under Sections 308, 323, 504, 506, 452, 147, 148 IPC dismissed; contention of mismatch between nature of injury and weapon used and delay in X-ray (incident 23.1.2013, X-ray 28.1.2013) held to be a matter for trial; skull fracture reported grievous in supplementary report dated 6.6.2013; Session Trial No. 1957 of 2024; Case Crime No. 83 of 2013, Police Station Kydganj, Prayagraj; charge-framing stage; no interference warranted.
What did the court decide?
At the stage of framing of charge, no final finding about the nature of injury and the weapon used could be interpreted or finally concluded; the nature of injury, the weapon used and the complicity of the accused have to be decided by the trial court after appreciation of all the evidence collected during trial.