POORAN Vs. KAPTAN SINGH & OTHERS

JUDGEMENT

(1.) This revision petition under Sec. 397 read with Sec. 401 Cr.RC. has been preferred by the complainant petitioner challenging the order dated 26.6.1999 passed by the Additional Sessions Judge Dholpur refusing to frame charge under Sec. 307 Penal Code against the respondents.

(2.) The complainant petitioner lodged an FIR alleging therein that on 5.4.96 at about 7.00 PM he along with his cousin Hukam Singh was going to his village by a Bus. Both got down from the bus at Bus-stand Gadhi arid immediately on their proceedings towards village, the accused respondents Kaptan Singh, his son Autar Singh and 3-4 other persons who were already present there in a Jeep, duly armed with revolver and 'kattas' appeared there and on seeing the complainant, accused Kaptan Singh and Autar Singh opened fire at him with an him with an intention to kill him. Other accused persons fired by 'Kattas', which hit Santosh Singh S/o Hukam Singh. It was alleged that in all shots were fired.

(3.) On the above report, police completed investigation and submitted charge sheet against the accused respondents for offence under Sec. 147, 149, 323 and 324 and 307 IPC.