PRADEEP SAHU Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD on the question of admission. By this Criminal Revision under Section 397/401 of Cr.P.C. the applicants have challenged the order dated 19.12.2013 passed by the learned Third Additional Sessions Judge, Jabalpur in ST No. 490/2013 whereby the charges of offence punishable under Section 307 or 307/149 of IPC were framed against the applicants along with other charges.

(2.) THE prosecution case, in short, is that on 30.4.2013 at about 10:15 PM the applicants surrounded the victim Mukul Pandey. The applicant Pradeep Sahu assaulted him by a sword on his head, whereas the applicant Sonu assaulted by baseball bat causing injury on his left eye. The remaining applicants assaulted him by the base of a revolver on his head and some other persons assaulted the victim by kicks and fists. Initially the case was registered for the offence under Sections 147, 148, 149, 506B, 324 and 341 of IPC whereas the charge sheet was filed for the offence under Sections 147, 148, 149, 294, 506B, 324, 341, 307 and 201 of IPC.

(3.) THE learned counsel for the State has concentrated on the facts of the case and also the fact that there was a criminal past against the applicants.