BRAHMANAND @ BRAHMAJEET SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioners/accused have filed this Criminal Revision under sections 397 read with 401 of CrPC, challenging the order dated 9.5.2013 passed in Sessions Trial No. 111/2013 by V Additional Sessions Judge, Bhind whereby charge has been framed under sections 307, 323 (4 counts), 294 and 506 Part II of IPC, against each of them.

(2.) The background facts of the case, in brief, are that the complainant, Shivraj Singh Yadav on 23.2.2013 at 12.05 hours reached to the Police Station, Dehat, District Bhind and lodged a report to the effect that today at about 10.30 a.m. wife of Jaiveer Singh came at his home and told his (complainant) wife, Suman that her grandson picked up her soap from the handpump, then, his wife Suman replied that his grandson did not brought her soap and in spite of that, she will pay the cost of the soap. At that juncture, Brahmajeet, Rinku and Ramraj having lathis came there and started abusing with filthy language to his wife, Suman. On restraining, Rinku committed marpeet with lathi to his wife. When he tried to save his wife, Brahmajeet dealt a lathi blow which struck over his forehead. His mother, Longa Devi, son Jeetu and uncle, Ramvaran rushed to save him. Ramraj @ Gullu dealt lathi blow to his mother with intention to cause his death which struck over her head. Blood started oozing out from the wound. His mother fell down and became unconscious. Uma Singh and Samrath Singh Yadav came and saved them. The accused persons have also pelted stones as a result of which his son Jeetu and his uncle, Ramvaran sustained injuries. The accused have also threated to kill them.

(3.) The learned trial Court on the basis of material placed on record framed the charges under sections 307, 323 (4 counts), 294 and 506 Part II of IPC against the accused persons. They abjured the guilt.