Statutory presumption is always in framing of charge until demonstrated otherwise

1. The challenge in this petition is to the order dated 07.07.2016 passed by the Additional Sessions Judge, Durg in Sessions Trial No. 33 of 2016 whereby the application filed u/s 227 of the Code of Criminal Procedure to discharge the petitioner was rejected. Consequently the charges were framed against the petitioner under Sections 307, 323 read with section 506 Part-II of IPC. The impugned order is filed as Annexure P-1 and the charges so framed is filed as Annexure P-2.

2. As per the prosecution case on 26.09.2015 a written

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