SUMATIVIJAY JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an application for revision challenging framing of charge under S. 120-B and S. 212 of the IPC against applicant Sumativijay Jain. The applicant is being tried along with non-applicants Nos. 2 and 3 his co-accused, who have been charged u/S, 302 of the Penal Code and S. 302/34, IPC respectively. The court has framed charges u / S. 120-B and S. 212 of the IPC against applicant.

(2.) Shri P. K. Saxena, the learned counsel for the applicant submits that there is no material to raise even a suspicion against the applicant in the case, there is no legal evidence to connect the applicant with the crime, that the charge has been framed on the basis of hearsay evidence of the witnesses, which is inadmissible in evidence and no specific part has been alleged to have been played by the applicant and a vague charge has been framed against him.

(3.) Shri S. M. Bapat learned Deputy Government Advocate appearing for the State submitted that there is sufficient material for framing of charge and the defence of the accused persons cannot be considered at this stage.