PRINCE PRATAP SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision under Sec. 397/401 of Cr.P.C. (Sec. 438/442 of the BNSS, 2023) has been filed assailing the order dtd. 14/2/2025 passed by the Additional Sessions Judge, Pawai, District Panna whereby charges for commission of offence under Ss. 450, 307 in the alternate 307/149, 324 (three counts) read with Ss. 149, 147 and 148 of IPC have been framed against the applicants. Challenge has been made only to framing of charge under Sec. 307 in alternate 307 r/w Sec. 149 of IPC.

(2.) As per the prosecution story, on 28/1/2024 at around 7.00 p.m. Badri Patel R/o Kumhari was going to perform Puja in Chandi Mata hut. In the meantime, Deependra Raja, Prince Raja armed with iron rods, Raj Singh, Bhura Musalman, Upendra Singh, Sonu Singh and Raja ji armed with lathis forming unlawful assembly, in furtherance of their common object came and assaulted Pradeep Patel S/o Badri Patel. When Badri Patel came for rescue of his son, they all assaulted him too by iron rods and lathis. Badri Patel fled into his house but all accused trespassed into house and again assaulted him. When his wife Shyam Bai and daughter Somwati came for his rescue, they assaulted them too. When they raised noise, Sant Kumar Patel and Rinku Patel reached there, at this they all fled away from the spot. Information was given to the police and police took injured to the hospital. It was also informed that all accused persons on account of old enmity with an intention to kill them formed unlawful assembly and in furtherance of common object of unlawful assembly assaulted them with an intention to cause their death. FIR was registered. After investigation, charge sheet has been filed.

(3.) Learned Additional Sessions Judge by impugned order framed charges against all applicants/accused for commission of offence under Ss. 450, 307 read with Sec. 149, 324 (3 counts) read with Ss. 149, 147, 148 of IPC. By filing the present revision, only the order framing charges under Sec. 307/307/149 of IPC has been assailed.