JITTU AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) These two revision petitions have been directed against the common impugned order dated 1/12/10 passed by Second Additional Sessions Judge, Betul in S.T. No. 273/2010 therefore, these revision petitions are being heard analogously and disposed of by this common order.

(2.) The applicants have challenged the order dated 1/12/2010 whereby offence has been registered u/s 147,307/149, 332/149 and 225/149 of IPC against the applicants.

(3.) Prosecution case in brief is that on 29/04/10 at about 6 O'clock constables Babulal, Manish Yashwant and Govind were escorting the under trial accused Kalu @ Kuldeep and Bhim in District Jail, Betul. It is alleged that near MLB school all accused persons came with lathis, iron rod and circled the aforesaid police constables. They thrown the chilli powder in the eyes of constables and assaulted them with intention to commit their murder. In this process the accused Kalu @ Kuldeep and Bhim were escaped and absconded from the custody of said constables. The report was lodged in police station Betul. After due investigation, applicants were charge sheeted before the Magistrate who committed the case for trial to the Court of Sessions. Learned Additional Sessions Judge framed the charges against the applicants u/s 147, 307/149, 332/149 and 225/149 of IPC hence, these petitions.