Penal Code, 1860–Sec. 307–Charge for the offence–Sustainability–All the eight accused were having iron rods in their hands and total four injuries were caused to two injured–It can be presumed that all the accused did not participate in causing injuries and no repetition was made by them–Nobody was there to restrain them to apply more force–There was no occasion for the Investigation Officer for further seeking the opinion as regard to the nature of injuries–Further, the same Medical Officer gave the second contrary report after seven days without examining the injured and considering the health of injured–Held, no reasonable grounds have existed to presume that the accused-petitioners should be charged for the offence u/s. 307–Charge quashed up to this extent.
