JASSU @ JASRATH AND OTHERS Vs. STATE OF MP

JUDGEMENT

(1.) This criminal revision filed under section 397 read with section 401 of Cr.P.C. is directed against the order passed by learned 3 rd Additional Sessions Judge, Ujjain in Criminal Case No.214/2015 dated 25.05.2015 whereby, learned Additional Sessions Judge framed charges under section 302/34 of IPC against the applicants no.2 and 3 and under section 302 of IPC against the applicant no.1.

(2.) Brief facts giving rise to this application are that according to prosecution story, on 15.03.2015 at about 10:00 pm, present applicants alongwith deceased Kailash were cooking food for themselves and some other friends in village Karanj ka Jungle. Some altercation took place between these three applicants and deceased Kailash. As per the story of the prosecution, present applicants were using abusive language against the deceased. After some time, present applicants were washing utensils and the deceased was also nearby. In spur of moment, applicant Jassu @ Jasrath hit deceased Kailash on his head with thali, while he was standing close to the well. Due to the impact, he fell down in the well and it is alleged that on seeing him falling in the well, all the three applicants fled away from the spot. The deceased died due to drowning.

(3.) Counsel for the applicants submits that there was no intention to cause death of the deceased. Specially, he argued that applicants no.2 and 3 did nothing as per prosecution story. The only allegation is that they were with applicant no.1 using abusive language against deceased. Another allegation is that they fled away with applicant no.1.