SUCHA SINGH Vs. STATE

JUDGEMENT

(1.) Allowed subject to just exceptions. Application disposed of Crl. Rev. P. 453-456/2005 & Crl. M.A. 5697/2005:

(2.) These Revision Petitions are directed against the order dated 25th February, 2005, of the learned Additional Sessions Judge in Sessions Case Nos. 43 and 44/2003 whereby the learned Judge has framed charges against all the accused under Sections 307/34, IPC in case State v. Sucha Singh, etc. (F.I.R. No. 321/1998). Additional Charges were framed under Section 27 of the Arms Act against accused Sucha Singh. In case State v. Deepak, etc. (F.I.R. No. 324/1998) charges under Sections 392/34; 307/34, IPC were framed against all the accused persons, with a separate charge under Sections 27/25 of the Arms Act against accused Deepak.

(3.) It is contended by Counsel for the petitioners that in State v. Sucha Singh, etc. (F.I.R. No. 321/1998), there is no material on record to justify a charge framed by the trial Court under Section 307, IPC. He has taken me through the order under challenge and has strenuously argued that the CFSL report does not connect the gun alleged to have been used in the occurrence with the crime. He also states that there is nothing on record to show that this gun had been used in the occurrence. He also submits that statement of witnesses in the cross- case cannot be used to frame the charge against the petitioners.