RAMKHILAWAN CHANDRASHEKHAR KUSHWAHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE second accused in the charge sheet filed before the Sessions Court, Jabalpur, has filed this petition to quash the charge framed against him (along with the first accused), under Section 302/34 of the Indian Penal Code.

(2.) ACCORDING to the prosecution, there was a monetary transaction between the second accused and the deceased which led to misunderstanding and ill-feeling. On two occasions, the two accused went to the deceased's house and in his absence and in the presence of his mother, uttered threats against the deceased. A day before the occurrence, the two accused were heard discussing about doing away with the deceased. On the day of occurrence, viz. 4-6-1992, when the deceased was going on his cycle, the first accused hit him from behind with a Farsa as a result of which he died instantaneously. A person who came across the dead body, informed the police who registered a case. First accused was arrested and the weapon of offence was recovered on the basis of information furnished by him. Second accused was also implicated and final charge sheet was filed against him. In due course, the Court framed charges against both the accused under Section 302/34, Indian Penal Code.

(3.) THE only contention urged by learned counsel for the petitioner is that it is not the prosecution case that the assault on the deceased was made in the immediate or proximate presence of the second accused and, therefore, second accused could not have been roped in by virtue of Section 34 of the Indian Penal Code.