GEETA BAI Vs. STATE OF MP

JUDGEMENT

(1.) The applicants/accused have preferred this criminal revision under Section 397 of the Code of Criminal Procedure (for brevity "Cr.P.C.") against the order dated 04.09.2018 passed by the Fourth Additional Session Judge, Ratlam in Sessions Trial No.105/2018, whereby the charges under Section 302 read with 34 of IPC has been framed against the applicants.

(2.) The facts giving rise to the instant case are that the complainant Havji is residing in a house at Village Narsinghnaka, which is situated on a government land. He has also encroached nearby government land. On 27.10.2017 at about 10.00 AM, the applicants/accused Devisingh with his wife Leelabai and son Kalu were cutting the grass from the land, which is possessed by Havji. When he prevented them to do so, then Kalu and Devisingh tried to assault him. After that, their mother also scuffled with him. When Kavita, daughter of Havji, son Amarsingh and father Poonam Wasuniya came to save him, then Devisingh and Kalu beated Amarsingh and Havji by hands and fists. Thereafter, Leelabai pelted stone on Poonam Wasuniya, father of Havji, due to which he sustained injury on his back and fell down on the ground. Thereafter, he succumbed on the spot. Injured Havji lodged FIR at Police Station Ravti and on the basis of that, police registered offence under Sections 352, 302, 323 and 34 of IPC against the accused persons. The dead-body of Poonam Wasuniya was sent to the hospital for post-mortem. After completion of investigation, charge-sheet has been filed.

(3.) Learned trial court vide impugned order dated 04.09.2018 framed the charge against the applicants for the offence punishable under Sections 323/34 and 302 read with 34 of IPC. Feeling aggrieved by the aforesaid order, the applicants preferred this criminal revision.