DEV NATH SINGH Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) Heard on admission.

(2.) The applicant has preferred this criminal revision against the impugned order dated 16.02.2005 passed by Special Judge, Kabirdham (Kawardha) in Sessions Trial No. 02/05 whereby the learned Sessions Judge has framed charges under Section 302 read with Section 34 of the Indian Penal Code and in the alternative charges under Section 306 read with Section 34 of the IPC.

(3.) The Police Station Pipariya, District-Kabirdham (Kawardha) initially registered an offence under Section 302 read with Section 34 of the IPC against the applicant and the co-accused namely Dilip Kumar Sisodiya. However, subsequently, after investigation chargesheet under Section 306 read with Section 34 of the IPC and under Section 3(2) (5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for brevity 'the Act') was filed. However, learned Sessions Judge, on the basis of the material available on record by the impugned order framed charges as aforesaid.