(1.) This Criminal Revision under Section 397/401 of CrPC has been filed against the order dated 21/03/2018 passed by Fifth Additional Sessions Judge, Gwalior in Sessions Trial No. 503/2017, by which the charges under Sections 294 and 307 of IPC have been framed.
(2.) The necessary facts for the disposal of the present revision in short are that the complainant Sanjay Chandel lodged a FIR on 08/06/2015 to the effect that at 17:00 he along with other friends had gone on their motorcycles to attend JD Fashion show organized in Salasar Brand Factory.After parking their motorcycles behind Salasar Brand Factory, they went to see the fashion show. After attending the show at about 05:30 pm when they went to take their motorcycles, then the Security Guard of Gold Cinema, namely, Alok Garg came there and alleged that why they have parked their vehicles at that particular place and alleged that it is a parking place of Municipal Corporation and for parking the vehicles, necessary fee is required to be paid, then the complainant and his companions said that they would remove the vehicles. On this issue, Alok Garg started abusing them. In the meanwhile, the Contractor of Municipal Corporation, the applicant and co-accused Banti came there and started using abusive language. The applicant with an intention to kill the complainant, gave a blow on the back side of the head of the complainant by means of an iron rod, as a result of which blood started oozing out and the other co-accused persons started assaulting the complainant by fists and blows. The complainant was saved by his companions Anil Sharma, Sonu Bhadauria and others. Thus, it was alleged that the applicant and other co-accused persons with an intention to kill the complainant had not only abused him but had assaulted him by fists and blows as well as by an iron road. It was also alleged that his camera had also fallen down, as a result of which it is not functioning properly. The police after completing the investigation, filed the charge sheet for offence under Sections 307, 294, 34 of IPC.
(3.) The trial Court by order dated 21/03/2018 passed in Sessions Trial No.503/2017, framed the charge under Sections 294, 307 of IPC against the applicant.