GAYATRI Vs. STATE OF U P

JUDGEMENT

(1.) The petitioners herein/accused have filed this petition under Section 397 of Cr.P.C. challenging the order dated 01.03.2013 passed by VII Additional Sessions Judge, Gwalior in Sessions Trial No.126/13, whereby charge under Section 306 of IPC has been framed against them.

(2.) The relevant facts for adjudication of the matter are that on receiving an information to the effect that one dead body was lying on railway track, a merg at Crime No.40/2012 under Section 174 of Cr.P.C. was registered at Police Station Maharajpura, District Gwalior. The merg was inquired into and after preliminary inquiry, an offence under Section 306 of IPC vide Crime No.343/12 was registered at Police Station Maharajpura, Gwalior against five accused persons. After completion of investigation, a charge-sheet was filed against the present petitioners as well as one Jaisingh Jatav before the Committal Court, which on its turn, committed the case to the Court of Sessions from where it was received by the Trial Court for the trial.

(3.) Learned Trial Judge on the basis of the material placed on record framed charge punishable under Section 306 of IPC against the present petitioners as well as co-accused, Jaisingh Jatav. The petitioners denied the charge and claimed to be tried.