ANWAR SHEIKH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision preferred under Section 397/401 of Code of Criminal Procedure 1973 is directed against an order dated 21st May 2012 in Sessions Case No. 126/2012 passed by the Tenth Additional Sessions Judge, Gwalior (M.P.) framing thereby charges against the accused-petitioners for commission of offence punishable under Sections 147, 148 and 307/149 (two counts) of I.P.C.

(2.) IN brief, the facts necessary for disposal of this case are that on 5th November 2011, at around 5 o' clock in the evening, the complainant and his two colleagues, namely, Chintu Parihar and Rinku Yadav were sitting on the chairs lying in front of the shop of Uncle Corner, situated in Phool Bag, which was owned by the accused Anwar Sheikh. It is stated that just before their sitting, some unknown miscreants quarreled with the servants of the shop and fled away from the spot. On information, the accused Anwar Sheikh and others having iron spades and wooden sticks reached the spot and started beating by their weapons they had to complainant Bhanu Singh and Chintu Parihar. On the report by the injured, an F.I.R. was lodged. The injured were medically examined. After investigation, the charge-sheet was filed. On committal, the sessions trial commenced and charges for other offences including Section 307/149 of I.P.C. were framed, hence, this revision.

(3.) PER contra, the submission of the learned Public Prosecutor for the respondent/State is that the charges have been properly framed in view of the ocular and medical evidence available on record, which requires no interference and the revision is liable to be dismissed.