SIRNAM AND OTHERS Vs. STATE OF MP

JUDGEMENT

(1.) This Criminal Revision under Section 397/401 of CrPC has been filed against the order dated 25/09/2017, passed by ASJ, Seondha, District Datia in ST No.63/2017, by which the charges against the applicants No.1 to 3 under Sections 341 , 307 or in the alternative 307/34, 367/34, 323/34, 294 of IPC and also under Sections 25(1) (1-B), 27 of the Arms Act against applicant No.3 have been framed.

(2.) The necessary facts for the disposal of the present revision in short are that on 19/09/2016, a FIR was lodged by Smt. Meena on the allegation that an enmity is going on between the family of the first informant and Hotam, Mulua Baghel etc. on the issue of property dispute. At about 09:00 in the morning, she was coming along with her husband on a cycle. As the first informant was not well, therefore, she was sitting on the cycle and her husband and brother-in-law Kalyan Singh were with her. When they reached near the turn of Vilaspur road, at that time, the applicants came there. The applicant No.3 was having a pistol. They blocked the way and hot altercation took place between her husband and the applicants. At that time, the applicant No.3 after abusing her husband, gave a lathi blow on the head of her husband. The applicant No.1 assaulted by means of an axe on the legs of her husband. When she tried to intervene, she was also assaulted by the applicant No.3. At that time, Gajendra, son of Hotam and applicant No.2- Raju, son of Mulua, came on a motorcycle, took her husband towards Vilaspur and again gave a beating to her husband in front of the house of one Mulua.

(3.) The police, after concluding the investigation, filed the charge sheet for offence under Section 307 , 326 , 324 , 341 , 294 , 367 , 506-B , 34 of IPC and under Sections 25 / 27 of the Arms Act. The trial Court by order dated 25/09/2017 framed the charges for offence mentioned above.