KET SINGH AND OTHERS Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision has been filed by the petitioners herein being aggrieved by order dated 28-07-2017 passed in Sessions Trial No. 188/2017 ( State of M.P. v. Khet Singh and others )by the Court of First Additional District and Sessions Judge, Nasrullaganj District Sehore wherein charges were framed against the petitioners herein under Sections 302, 302/34, 201/34 of IPC and under section 25 of Arms Act, 1959.

(2.) The undisputed story of the prosecution is that on 12-04-2017, the deceased Dinesh, who is the son-in-law of the petitioner No. 2, had come to their house during the festive occasion of Dusshera. At around 12:00 P.M, when the deceased was sitting in the house of the petitioners along with other members of the family, a muzzle loading gun which was kept near the door fell down and on account of the sudden jerk to which the gun was subjected to due to the fall, the gun fired on its own and the bullet is stated to have hit the deceased Dinesh on his back and he died.

(3.) It is also the case of the prosecution that the gun was licensed to the father of the petitioner No. 2, whose name is Narmada Prasad. Narmada Prasad died about 3-4 years prior to the incident. The petitioner No. 2 never got the license of the said gun arm transferred to his name. The allegations against the petitioner No. 3-Asha Bai is that she is stated to have cleaned the floor with cow dung and thereby removed the traces of blood stains of the deceased which had fallen on the ground.