RISHIN PAUL Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal revision filed by the revision petitioner/accused Rishin Paul is directed against the order dated 20.04.2015 passed by the Court of Judicial Magistrate First Class, Jabalpur, in Criminal Case No. 5416/2015 (State of M.P. Vs. Sanjay Paul & Others), whereby a charge under Sections 294, 323, 324 and 506 of the IPC was framed against the co -accused person Jitendra Sonkar and a charge under Sections 294, 323 and 324 read with Section 34 was framed against the applicant Rishin Paul and co -accused persons, Sanjay Paul and Manish Paul.

(2.) THE facts giving rise to this criminal revision may briefly be stated thus: A first information report was lodged by victim Alik Lal in P.S. Belbagh, District -Jabalpur, at 08.45 p.m. on 13.3.2014 to the effect that at about 02.30 p.m. the same day, accused persons Sanjay Paul, Rishin Paul, Manish Paul and Jitendra Sonkar had filthily abused him by reason of previous enmity and had beaten him up with fists and kicks. Accused Jitendra Sonkar had hit him on his knees with an iron rod. Consequently, the first information report under Sections 294, 323 and 506 read with section 34 of the I.P.C. was registered. During medical examination and X -ray examination victim was found to have sustained a lacerated wound on left knees and was also found to have suffered a fracture of left tibia -fibula bone. An iron rod about 25 inches long, having diameter of 2 inches was seized from the possession of co -accused Jitendra Sonkar. Subsequently, a charge sheet under Sections 294, 323, 506 and 325 read with section 34 of the I.P.C. was filed in the Court of Judicial Magistrate First Class, Jabalpur. By impugned order, learned Magistrate framed charges against the accused persons including the revision petitioner, as aforesaid.

(3.) LEARNED Panel Lawyer for the respondent State has supported the impugned order.