RAMSHARAN SHARMA AND ANOTHER Vs. STATE OF MP

JUDGEMENT

(1.) The applicants have preferred this revision application against the order dated 8.3.2016 passed by Additional Sessions Judge, Seondha District Datia in Sessions Trial No.14/2016, by which in exercise of power under Section 193 of CrPC the Court has taken cognizance against the applicants for the offence punishable under Section 307 of Indian Penal Code (IPC).

(2.) The necessary facts for the disposal of this revision application are that on 4.11.2015 an FIR was lodged by complainant Ramnaresh Sharma that at about 00.30 am when he was sleeping in his house, the applicants along with co-accused Ranu Sharma came there and told him to vacate the house then complainant told that he has also share in the house and after that he went to Police Chowki and lodged the report. After lodging the report when he reached in front of his house, applicant Ramsharan Sharma fired by Katta, by which he sustained injury on his chest. Applicant Ramteerth Sharma and Ranu Sharma also fired by which he sustained injuries on right thigh and left index and middle finger. At the time of incident Ramsiya, Rambabu were also present on the spot and they have seen the incident. On this report, the police has registered the FIR bearing Crime No. 172/2015 under Section 307 read with Section 34 of IPC.

(3.) After investigation the police has filed charge sheet against the co-accused Ranu Sharma for the offences punishable under Section 307 IPC and Sections 25/27 of the Arms Act but the police has not filed charge sheet against the applicants. After filing the charge sheet, Judicial Magistrate First Class, Seondha committed the case to the Sessions Court for the trial.