RAM MURAT AND OTHERS Vs. STATE AND ANOTHER

JUDGEMENT

(1.) RAM Murat Bhagwan Daya, Parshottam, Sheo Prasad and Ajor have preferred this application in revision against the order, dated 25 -1 -1971, of Sri M.G. Godbole, II Temp. Civil and Sessions Judge, Jaunpur, allowing the revision and directing the learned Magistrate to commit the Applicants under Section 307 IPC and Section 307 read with Section 149 IPC to the court of sessions.

(2.) UDAI Bhan Singh complainant filed a complaint Under Sections 395 and 307 IPC against the present accused -Applicants on the allegations that he was a witness in a case of dacoity against the accused persons, that they asked him not to give evidence in the case, but he refused, that the accused hence began to bear grudge against him, that on 4 -5 -1969, at about 3 o'clock in the afternoon while the complainant was going to Shahganj from his house and passed from in front of that house of Ram Murat, one of the accused Applicants, he saw all the accused sitting there, that on an exhortation being given by Ram Murat to his companions to kill the complainant, Bhagwan Daya was said to have plied his lathi on the head of the complainant, that the blow was, however, warded off by his right hand with the result that the injury could not be caused on the head, that the other accused Applicants also be laboured him with lathis, that Bhagwan Daya accused was said to have taken out a sum of Rs. 135/ - from the pocket of the complainant and that a prayer was accordingly made that charges Under Sections 395 and 307 IPC be framed against the accused Applicants.

(3.) ON an application in revision being preferred by the complainant Udai Bhan Singh, the learned Temp. Civil and Sessions judge seemed to be of the view that the charges Under Section 307 read with Section 149 IPC and Section 307 IPC should have been framed. He accordingly allowed the revision and after setting aside the charges as framed the learned Magistrate, directed him to commit the Applicants Under Section 307 IPC and Section 307 read with Section 149 IPC.