ASHOK KUMAR AND ORS Vs. GOKUL CHAND

JUDGEMENT

(1.) This revision petition has been preferred under Section 397/401 of Cr.P.C. against the order of framing of charge under Sections 306, 323 and 506 Part II of IPC vide order dated 30.5.2013 passed by Additional Sessions Judge, Ambah, Distt. Morena, in S.T.No.56/2013.

(2.) The brief facts of the case are that complainant Mewaram has lodged a report at police Station, Nagra, Distt. Morena, that on 6.10.2012 at about 5 p.m. applicant Khelna @ Jabar Singh, who was in a drunken state, armed with Danda abused Balveer. Balveer objected, on this, applicant started beating him by means of Danda and fists, as a result of which, Balveer received some injuries. On hearing the scream of Balveer, complainant, Vishwanath, Smt. Savitri and Nema rushed to the spot and intervened in the matter. Then applicant started running towards his house by threatening Balveer to kill. Balveer also chased him, but he could not caught hold of him and applicant went inside of his house. Thereafter, feeling insulted by the beating given by applicant Khelana, Balveer jumped into the well. He was taken out from the well in an unconscious state. On this report, Crime No.91/2012 has been registered at police Station, Nagra, Distt. Morena for the offence punishable under Sections 294, 323 and 506-B of IPC and Balveer was sent for treatment to JA Hospital, Gwalior, where on 22.10.2012 he died. Thereafter, Section 306 of IPC has been added.

(3.) After due investigation, charge-sheet has been filed against the petitioner in the Court of JMFC, Ambah, from where the case has been committed to the Court of Sessions. The learned ASJ, Ambah, framed the charges vide order dated 30.5.13 against the petitioner. Being aggrieved, the petitioner has preferred this revision.