SIDDIQI Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision application takes exception to the order dated 04/01/2018 passed by First Additional Sessions Judge, Rajgarh (Biaora), in Sessions Trial No.460/2017, whereby the charges under Section 148, 294, 307/149, 506-II of the Indian Penal Code (in short 'IPC') have been framed against the applicants.

(2.) The facts given rise to the present revision are that the applicants were alleged to have inflicted injuries to Ramchandra, Geetabai, Jatan Bai and Kaushalya Bai. It is further alleged that applicant No.2-Sajjid and applicant No.6- Salam gave a latti blow on the skull of Ramchandra due to which he sustained fatal injuries. This incident was reported to Police-Station Jirapur and F.I.R bearing Crime No.356/2017 was registered for commission of offences under Sections 147 / 148 , 294 , 506-II , 307 read with Section 149 of IPC. Charge-sheet was filed and the trail Court, while passing the impugned order, framed charges for offences punishable under Section 307 read with Section 149 of IPC against the applicants. This order is under challenge in the present revision.

(3.) Learned counsel for the applicants has invited the attention of this Court to the C.T. Scan report of Ramchandra, in which, a categorical observation has been made that "No significant intra cranial abnormality is noted" meaning thereby that the applicants cannot be attributed with the intention to commit culpable homicide amounting to murder. Therefore, it is contended that the trial Court has erred in framing charge under Section 307 / 149 of IPC. Apart from this, prima-facie ingredients to frame charges against the applicants are also absent.