PRAKASH Vs. STATE OF MP

JUDGEMENT

(1.) THIS revision is directed against the order dated 2.9.1999, passed by the Second Addl. Sessions Judge, Dabra, in S.T. No. 269/99, whereby the learned Judge has framed the charges against the petitioner/accused for the offence under Sec. 302 and in the alternative under section 302/34 of IPC, after hearing both the parties.

(2.) AS per (he prosecution story, the incident had occurred on 25.2.1999, while complainant Raghvendra Singh with his brother was standing at the bus stand, at that moment, it is alleged that accused Gajendra Mudgal @ Banti and Jaisingh s/o Rohtesh, r/o Usha Colony, came there and after some talks with his brother Pappu. they had taken Pappu away on the Scooter No. 07 -KB 2421, towards Govt. School. When the complainant got some apprehension because of the enmity which formed hardly two days before the date of incident between his brother Pappu and the accused -persons, he started to chase the vehicle. He found that at the School gate, the scooter was stopped by one Prakash (present applicant) and then Jaisingh took out his katta and fired at Pappu which hit below his shoulder, causing injuries.

(3.) LEARNED counsel for the petitioner -accused stated that the Court below was not justified in framing the charge against the petitioner -accused. He submitted that it was Jaisingh and Gajendra, who had fired and the allegation appearing against the present petitioner is that of stopping the vehicle. He stated that even according to the prosecution case itself, so far as present petitioner is concerned, the offence at the most can be said to have been made under section 302/34 of IPC and not for the substantive offence under section 302 of IPC. Learned counsel for the petitioner further submitted that it was the duty of the prosecutor to have pointed out the prosecution case and had that been done, the Court would not have come to such a conclusion. Learned counsel for the petitioner referred to section 226, CrPC which runs as under :