KESHAV PRASAD Vs. MANSINGH

JUDGEMENT

(1.) THE petitioners(injured) have preferred this revision -petition against the order dated 17.9.1990, whereby the Additional Sessions Judge, Gadarwara, in Sessions Trial No.103/90 (State of M.P. Versus Mansingh and Others), has framed charges under section 324 of I.P.C. against the present non -applicant Mansingh, charges under sections324 and 324/34 I.P.C. against the present non -applicant No.3 Halkey Bir and u/Ss. 324 and 324/34 of I.P.C. against the present non -applicant No.2 Bhagwan Singh; Whereas, according to the applicants charges under section 307, read with section 34 of I.P.C. and also charges u/Ss. 450/452 I.P.C. should have been framed against the non -applicants 1,2 and 3 in place of the charges framed as aforesaid against the non -applicants 1, 2 and 3 by the Additional Sessions Judge, Gadarwara, in Sessions Trial No.103/90.

(2.) ON behalf of the applicants, it has been submitted that there was old standing anmity between the parties prior to this incident and that the non -applicants 1 to 3 had committed house trespass, armed with deadly weapons, and there was common intention for committing murder and, so, the addl. Sessions Judge, Gadarwara, should be directed to frame charges under section 307/34 IPC and also under section 450/452 IPC against the non -applicants 1 to 3 in place of charges u/s. 324, 324/34 and 323 of I.P.C.

(3.) IT has further been submitted that the evidence of ten prosecution witnesses has already been recorded in Sessions Trial No.103/90 and, in case, the charges were to be amended, the applicants could apply before the said Court for amendment of the charges, because, the charges could be amended at any stage before judgment.