MORRNAL Vs. JANU AND ORS.

JUDGEMENT

(1.) This criminal revision petition under Sec. 397/401 Cr.RC. is directed against the order dated 15.1.2003 passed by the learned Additional District & Sessions Judge, Laxmangarh Distt. Alwar in Sessions Case No. 7/2003 directing framing of charges against non-petitioners accused for the offences under Sections 147,148, 304, 325, 324, 323/149 IPC.

(2.) Briefly stated, the relevant facts are that a case came to be registered being FIR No. 103/2002 on 20.9.2002 on the basis of a written first information report lodged at Police Station Govindgarh, Alwar with the allegations that at 7.00 a.m. on 20.9.2002, Subha s/o Ramzan came on the pond to make his buffaloes drink water. The pond is situated near the complainant's house. Hakmuddin told him about the previous day's happenings whereupon Subha abused petitioner's son and called all his family members, namely; Nuru, Sagru, Abdul, Zanu, Naranjandin, Fakhru, Shaban, ishaq and Hundal from the village who came duly armed with deadly weapons like pharsa, lathis and attacked. Subha, the brother of the petitioner was inflicted a pharsa blow on his head whereupon he started bleeding. Nuru inflicted a pharsa blow to Razzak. Hakmuddin got injured by injury inflicted by Sagru. All the accused persons actively participated in the occurrence. After investigation, a charge-sheet was filed and the case was committed for trial. Learned trial court after hearing both the sides directed framing of charges /as indicated above. Aggrieved by the said order, petitioner Mormal filed this revision petition seeking framing of charge under Sec. 302 r/w 149 Penal Code in place of 304 r/w 149 IPC.

(3.) I have heard learned counsel for the parties and have perused the relevant record.