JUDGMENT 1. - This revision petition has been filed against the order dated 4.12.2002 whereby charge have been framed against the present petitioners for the offences under Sections 458 and 308 I.P.C. 2. Heard learned counsel for the parties. 3. The main contention of the present petitioners is that no offence is made out under Sections 458 and 308 I.P.C. 4. Bare perusal of the F.I.R. and the statements of the witnesses goes to show that initially quarrel has started out side the house and when the complainant party went into their house, petitioners has also entered the house. Hence there is no evidence of lurking house trespass and house breaking and the incident is of 7 P.M. and it cannot he termed as night. 5. The learned counsel for the petitioners has also submitted that naska-ntoka also reveals that the whole incident had taken place at place "A", which is an open place. Hence looking at: the above fact, there is no evidence of house breaking or lurking house trespass. It is clear that the petitioners, after preparation, entered in the house of the complainant and hence the learned counsel for the petitioners has submitted that the charges could be framed only for the offence under Section 452, I.P.C. 6. The learned counsel for the petitioners has also submitted that all the injuries to the injured are on non-vital part and no injury is dangerous to life. Only two injuries are grievous which are on left fore-arm and scapular region. Only lathi has been used to inflict the injuries. 7. Looking at the above factual situation, prima facie, there is no evidence to charge the petitioners under Section 458, I.P.C. and looking to the nature of injuries, place of injuries and weapon which is used, the charges under Sections 308 are not sustainable, but at the same time, the petitioners should be charged for the of fences under Sections 452 and 325, I.P.C. 8. Accordingly, this revision petition is partly allowed. The impugned order is modified and the present petitioners are discharged from the charges under Sections 458 and 308, I.P.C. but instead they should be charged for the offences under Sections 452 and 325, I.P.C.Revision partly allowed. *******