RAJA @ AJAY TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioners have filed this revision petition under Section 397/401 being aggrieved by the order dated 15.03.2019 passed by 3rd Upper Sessions Judge, Shahdol (MP), in Sessions Case No. 51/2019, whereby learned Upper Sessions Judge framed the charges under Sections 307/34, 323/34, 294 and 506 (II) of IPC against the petitioner.

(2.) Case of prosecution in brief is that police has registered the FIR against the petitioners for the offences punishable under Sections 294, 323, 506 read with Section 34 of IPC. It is mentioned in the FIR that complainant-Sanjay Kewat has informed the police that on 03.01.2019 at about 10:30 pm, his neighbor namely Pushpendra Yadav, Nikesh Tiwari and Raja Tiwari came to near of his house and they abused him. When complainant asked about the same, Nikesh Tiwari and Pushpendra Yadav caught hold him whereas Raja Tiwari has assaulted him on his head and abdomen with any article. On shouted of complainant, his brother Murli and sister-in-law Parwati came there to intervene. The accused persons went by threatening them. Complainant has sustained injuries on his abdomen, head and back.

(3.) After registering the FIR, police has completed inquiry and filed the charge sheet for the offences punishable under Section 294, 323, 506, 324, 307 and 34 of IPC. Vide order dated 15.03.2019, the learned trial Court has framed the charges against the petitioners/accused for the offences punishable under Sections 323/34, 307/34, 294 and 506 (part-II) of IPC