SARNAMSINGH KUSHWAHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner challenges the prosecution of him self and respondents Nos. 2 to 6 under Sections 395, 396, 302, 147, 148, 149 of Indian Penal Code for having committed murder of Narendrasingh s/o Madansingh, Ushadevi w/o Narendrasingh,' Mandansingh s/o Onkarsingh, Devendrasingh s/o Madansingh, Surendrasingh s/o Madansingh, Mahendra - singh @ Bantu s/o Madansingh and Manoramabai w/o Madansingh.

(2.) IT is alleged that the crime against them was registered on the basis of Dehati Nalishi in Police Station Kayatha and after investigation on the basis of Crime No. 73/90 a challan under sections referred above of Indian Penal Code and Sections 25 read with 26 of Arms Act was filed against them before the Magistrate, which has been committed in due course and was registered as Sessions Trial. The Sessions Trial thereafter has been transferred from District Ujjain to District Dewas and is pending before the Sessions Judge, Dewas as Sessions Trial No. 233/90.

(3.) AS against it learned counsel for the State has submitted that the challan against the petitioner and respondents Nos. 2 to 6 has been filed after due investigation. It has been committed and now it is pending for trial before the Court of Session and this petition has been filed with an ulterior motive of delaying the trial.