PRAYAG SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioners are accused in Sessions Trial No. 182 of 1989 pending in the Court of Additional Sessions Judge, Khurai. The petitioners are being prosecuted under Sec. 307/149,324/149, 147,148 and 323/149 of the Indian Penal Code. The incident with regard to the offence of this Sessions Trial took place on 27.8.1988 at 11 a.m. in village Semar Khedi and it is alleged that in this very incident, some of the members of the petitioners party also sustained injuries alongwith the members of the party of the respdt. No.2.

(2.) Both the parties were charge-sheeted by the Police under Sections 325/149, 147 and 148 of the I.P.C. and other offences. In this very incident, the respondent No.2 sustained certain injuries on his head due to which he filed a separate complaint in the Court of Judicial Magistrate First Class Khurai against the present petitioner for the alleged offence committed by them punishable under Sec.307 of I.P.C. Alongwith the complaint, the respondent No.2 filed list of 16 persons as prosecution witnesses. The Learned Trial Judge examined only four prosecution witnesses in that complaint case and then passed a composite order committing the case to the Court of Sessions for an offence punishable under Section 307 of the I.P.C., as this offence is triable by the Court of Sessions.

(3.) On commitment, the learned Additional Sessions Judge framed charges against the petitioners and fixed the case for recording the evidence. Annexures-C and D are the charges framed by the learned AddI. Sessions Judge dated 1.11.1989. It is against these orders that the petitioners have come before this Court invoking its revisional jurisdiction.