GAJJU GAJENDRA TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard finally with the consent of learned counsel for the parties.

(2.) This petition under Sec. 397/401 of Cr.P.C has been filed by the petitioner against the charge put by 2nd Addl. Sessions Judge, Hoshangabad on 26/3/2010 for offence punishable under Ss. 302/149 and 147 IPC with other co-accused persons in ST No. 185/08. The charges framed are annexed as Annexure-A to the petition.

(3.) Prosecution case, in brief, is that on 13/5/2008 Sushil (since deceased) was shot dead by five persons. According to sole eye witness in the case, namely, Shivnath (PW.12) those five accused persons are co-accused Santosh, Surendra, Surjit, Sumersingh and Raju @ Malkhan. Photo copy of the statement of Shivnath (PW.12) is attached as Annexure-D to the petition.