NARESH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS criminal revision preferred under Section 397/401 of The Code of Criminal Procedure, 1973 (hereinafter referred to as Code of Criminal Procedure) has been filed by the revisionists to quash the order dated 12.9.2002 passed by the II Additional Sessions Judge, Roorkee in ST No. 176/ 2002, State v. Naresh and Ors. whereby learned trial court has ordered to frame the charge against the revisionists under Section 307 and 504 Indian Penal Code.

(2.) IN brief, the prosecution case is this that on 22.12.2000 at about 10 am, revisionists Dinesh, Naresh, Amit and Monu have come armed with tamanchas and abused Dharmpal Singh and also threatened him for life and with intention to kill Dharmpal Singh and his sons have fired on them. Dharmpal Singh and his sons run away inside the room and in the gallery and saved their life.

(3.) RELIANCE has been placed on the judgment delivered by the Hon'ble Apex Court in : (2007) 5 SCC 403, Soma Chakravarty v. State through CBI, wherein at para 32 it has been observed as under: