LAWS(MPH)-1994-7-96

GOVIND RAIKWAR Vs. STATE OF M.P.

Decided On July 25, 1994
Govind Raikwar Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) THIS revision application is directed against the order of framing of the charges u/s 302/34 of the I.P.C. by Sessions Judge, Panna in S.T. No. 59/93.

(2.) THE prosecution is that the dispute arose between the co -accused Bindu and the deceased Santosh who will dance first on the point of time in the Barat procession which was going to the house of Nathulal Raikwar on 30.4.94 at 11.20 p.m. and it is alleged ,that co -accused Bindu suddenly took out a dagger and stabbed to the Santosh as a result of which he died on the spot. Police after investigations submitted the charge sheet against the Bindu and also against the applicants. By the impugned order learned Sessions Judge has framed the charges u/s 302/34 of the I.P.C. against the applicants.

(3.) I have carefully gone through the impugned order, the F.I.R. and the charge sheet. There is no sufficient material for framing the charges u/s 302/34 of the I.P.C., against the applicants. There was no pre -arranged plan to commit the crime. The impugned order is not in accordance with law. It is set aside so far as the applicants are concerned and in the result petition is allowed.