ABDUL HASIB KHAN Vs. STATE OF M.P

JUDGEMENT

(1.) THE applicant/ accused has preferred this revision being aggrieved by the order dated 17.12.2012 passed by 3 rd Additional Session Judge (FTC), Seoni in Criminal Appeal No.57/2011 whereby dismissing S. T. No. 247/95, whereby the charge of Section 302/34 in alternate 305/34 of IPC have been framed against each of them.

(2.) AS per copy of papers of the charge sheet available on the record on dated 19.3.1995 an information regarding unnatural death of Katta @ Natthu Khan, resident of Munderi was received at P. S. Laundi, District Chhatarpur from some hospital, on which an inquest intimation bearing No.7/95 was registered. In its inquiry on establishing the offence against the applicants herein, the FIR was registered against them for the offence of Section 304/34 of IPC. After holding investigation on completion of the same the applicants were charge sheeted for the offence of 302 of IPC.

(3.) AFTER committing the case to the Sessions Court on evaluation of the charge sheet taking into consideration the available evidence collected by the investigating agency the charge of Section 302/34 in alternate 305/34 of IPC have been framed against each of the applicants. Being dissatisfied with such order the applicants have come to this Court with this revision.