Kailash Chandra Joshi, J. - (1.) The instant revision petition has been filed by the petitioners Hadman and Geeta b/c Mali, r/o Chowk-ka- Bas, Merta City, District Nagaur, against the order dated 21.06.2010 passed by the learned Sessions 2 Judge, Merta, District Nagaur in Sessions Case No.18/2010 whereby the learned Sessions Judge ordered to frame charge against the petitioners under section 341, 427, 323/34 and 307/34 IPC.
(2.) The brief facts of the case are that on 28.09.2004 at about 07.00AM, complainant Man Singh Tak filed a written report at police Station Merta City stating inter alia that on that day at about 4.30AM he started for village Khariya on his Motor cycle . As soon as he came out of the gate, accused Hadman and Geeta Devi pulled him out of the motor cycle, Hadman poured kerosene and Geeta lit the fire, as a result of which his motorcycle got burnt and then they started beating him. The reason behind this attack was that the complainant had reported to the higher authorities with regard to a house being constructed by the accused, without prior permission. On the basis of this report Case No. 201/04 was registered for offence under section 341,323, 427, 307 IPC and started investigation. After investigation charge sheet was filed before the Judicial Magistrate, Merta for offence under section 341, 323, 427/34 IPC from where the case was committed to the court of 3 Sessions for trial. The learned Sessions Judge, Merta vide order dated 21.06.2010, ordered to frame charge against the petitioners Hadman and Geeta under section 341, 427, 323/34 and 307/34 IPC . Dissatisfied by the order of the learned Sessions Judge the petitioners have preferred this revision.
(3.) Learned counsel for the petitioners contended that the order of the learned Sessions Judge, Merta dated 21.06.2010 by which he ordered to frame charge against the petitioners Hadman and Geeta under section 307/34 IPC is illegal and improper and it requires to be set aside, because there is no ample evidence against both the petitioners to frame the charge under section 307/34 IPC.;