GULAB CHAND Vs. PRADEEP KR. DEHALWAL

JUDGEMENT

(1.) Leave granted. This appeal is directed against the judgment and order passed by the High Court of Judicature of Madhya Pradesh, Bench at Gwalior in Criminal Revision No. 704 of 2011, dated 23.09.2011. By the impugned judgment and order, the High Court has set aside the order passed by the Trial Court on an application filed by the prosecution under Section 319 of the Code of Criminal Procedure, 1973 ('the Code' for short).

(2.) The Trial Court as well as the High Court has referred to the facts in detail. Therefore, we will only advert to the facts of the case briefly and they are as follows:-The incident occurred on 04.05.2007 at around 3.30 p.m. in the house of the Respondent No. 1-Pradeep Dehalwal, where the deceased-Nitesh succumbed to a bullet injury. Thereafter, an FIR was lodged by the Respondent No. 1 before the Police station at Ashok Nagar against Ritesh Pathak (A1) and Narendra Singh Dhakad (A2) under Sections 304, 201, 34 of the Indian Penal Code ("the Indian Penal Code" for short) and Section 3(2)5 of S.C./S.T. Act.

(3.) After completion of the investigation, the investigating agency had filed a charge-sheet against (A1) and (A2) for the offences under Sections 302 read with 34 of the Indian Penal Code.