RAJJAN Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision under Section 397/401 of Cr.P.C. has been filed against the order dated 16.01.2015 passed by learned Fifty Additional Sessions Judge, Jabalpur, in Sessions Trial No. 572/2014, framing the charges against the applicant for the offences punishable under Sections 307 and 427, IPC.

(2.) BRIEF facts of the case are that on 20.04.2014, at about 01:30 am at Village Padariya Road, Padwar, District Jabalpur, applicant has fired by means of gun with intention to kill the complainant Uday Tiwari. The vehicle bearing No. MP02 -CD -9250 of the complainant was also damaged.

(3.) SHRI S.N. Vishwakarma, learned counsel appearing for the applicant submits that there is no named FIR against the applicant. No test identification parade has been conducted. The prosecution agency has also not seized any fire arm from the possession of the applicant. It is also submitted by the learned counsel for the applicant that on perusal of FIR as also the statements there is not an iota of evidence to connect the applicant with the alleged commission. The prosecution witnesses have not supported the story of the prosecution. On the aforesaid ground, he prayed that the impugned order be quashed and the applicant be discharged from the charges as mentioned above.