GAJRAJ SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicants have filed this revision against the order dated 8.9.2009 passed by the learned Second Additional Sessions Judge, Astha District Sehore in ST No.176/2009 whereby the charges of offence punishable under Section 307 or 307/149 of IPC were framed against the applicants.

(2.) THE prosecution case, in short, is that on 6.12.2008 at about 11:00 AM in the morning the applicants assaulted the victims Surendra and Narendra in the house of Surendra situated at Village Tigariya. It is alleged that Narendra sustained fatal injuries. Under such circumstances, the trial Court has framed the charges of offence punishable under Section 307 or 307/149 of IPC for the victim Narendra.

(3.) ON the basis of the aforesaid discussion, it is apparent that a legal mistake has been committed by the learned Additional Sessions Judge in framing the charges of offence punishable under Section 307 or 307/149 of IPC. Hence it is a fit case in which an interference is required from the side of this Court in the impugned order passed by the learned Additional Sessions Judge. Consequently, the revision filed by the applicants is hereby allowed. The impugned order dated 8.9.2009 passed by the Court below is hereby set aside. The applicants are discharged from the offence punishable under Section 307 or 307/149 of IPC. It appears that the case remains not exclusively triable by the Court of Sessions, and therefore the trial Court is directed to proceed under Section 228 of Cr.P.C. for further trial of the case.