BHAGWANDAS AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition is filed under Sections 397/401 of Cr.P.C. read with Section 482 of Cr.P.C. against the order passed by IVth Additional Sessions Judge, Bhind in Sessions Trial No.73/13 whereby the charges under Section 307/34 of IPC has been framed against the petitioners.

(2.) As per the prosecution case, complainant has lodged the report alleging that he was opening sweet shop, he heard the noise of firing of gun shot. He saw that bullet hit him on his thigh of the right leg. He saw, Ajay Seithiya, Saththe Seithiya, Bhagwandas Seithiya and Rahul Seithiya armed with mouser, revolver and pistol. Out of these four persons, one of them fired and assaulted complainant with an intention to kill him. The incident was witnessed by Gaurav, Thunnu Bhadoria and Pappu Shrivastava. They took the complainant to the hospital. After that he lodged the report.

(3.) Complainant was examined by the medical Officer, who found a lacerated wound over middle of right leg. On query, it was reported that the injury sustained by the complainant is not possible to be caused by fire arm. After investigation, Police has submitted a charge-sheet under Sections 336, 323/34 of IPC and categorically mentioned that on the basis of the statement of the witnesses, the allegation with regard to the offence under Section 307 of the IPC has not been committed. However, the learned Sessions Judge has framed the charges under Section 307/34 of the IPC. Being aggrieved, petitioners have preferred this revision petition.