ABHAY SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Both the applicants who are victims have filed this criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by the order dated 08/02/2018 whereby learned trial Court in Sessions Trial No.318/2017 framed charges against respondents No.2 to 8 for the offences punishable under Sections 147, 148, 325, in alternate, 325 read with Section 149, 294, 506-B, 326, in alternate, 326 read with Section 149, 324 read with Section 149 of IPC.

(2.) The case of prosecution against respondents No.2 to 4 is that both the applicants along with Summer Singh were sitting in front of house of Naune Nai, respondents No.2 to 4 armed with axe, iron road, Farsa, Ballam came there and started beating on account of previous dispute. All three persons received injuries. Both the applicants received grievous injuries on the head. They were shifted to the District Hospital, Chhatarpur. Sub Inspector Anoop Kumar Yadav after receiving information came to the hospital and recorded information furnished by applicant-Abhay Singh and registered Dehati Nalsi. Thereafter in Police Station, Ishanagar registered Crime No.43/2017 against respondents No.2 to 8 and after completing investigation filed charge sheet, trial is pending as S.T. No.318/2017. Learned trial Court after hearing Public Prosecutor and the counsel for respondents No.2 to 8 vide order dated 08/02/2018 framed charges against each applicant for the offences punishable under Sections 147, 148, 325, in alternate, 325 read with Section 149, 294, 506-B, 326, in alternate, 326 read with Section 149, 324 read with Section 149 of IPC.

(3.) The applicants being injured persons, have filed this criminal revision praying therein that the ingredients of Section 307 of IPC are prima facie made out against respondents No.2 to 8. Learned trial Court has committed error in not framing charge for the offence punishable under Section 307 read with Section 149 of IPC. Learned counsel for the applicants contends that there are sufficient material available on record that respondents No.2 to 8 were armed with deadly weapons came on the spot for committing murder of both the applicants and after inflicting grievous fatal injuries by deadly weapons, fled away from the spot. To substantiate his argument, learned counsel for the applicants has placed reliance upon the decision of Hon'ble Apex Court in the case of Anjani Kumar Chaudhary Vs. State of Bihar and another, AIR 2014 SC 2740 and has submitted that in the same circumstances, Hon'ble Apex Court held that the charge under Section 307 of IPC is made out.