NAVAL Vs. STATE

JUDGEMENT

(1.) The petitioners are aggrieved by the order of the learned Additional Sessions Judge framing charges against them under sections 308 and 452 read with section 34 of the Indian Penal Code.

(2.) Before I come into grip with the issues involved let me first bring forth the background of the case.

(3.) On June 1, 1991 at about 10.20 p.m. information was received at Police Post Harsh Vihar, Police Station Nand Nagari that a quarrel was taking place in the house of one Ram Chander Pradhan. Consequently Sub-Inspector Subhash Chand along with other staff went to the place of occurrence. Finding the injured having already been removed to the hospital he went to G.T.B. Hospital where the statement of Banwari Lal was recorded. The statement of Banwari Lal shows that he owns a plot of land near to the house of Ram Chand and that Ram Chand alongwith others had made an attempt to carve out a passage from within that plot which was thwarted and that irked by it Ram Chand his son Naval Singh, Parkash, Bhagwan etc. armed with lathis had trespassed into his house and had attacked him and his son Bhopal with the said lathis. As per the medical report Bhopal had received the following injuries with a blunt weapon.