H.R. Panwar, J. - (1.) By the instant revision petition under Section 397 read with Section 401 Cr.P.C., the petitioner has challenged the Order dated 6.11.2004 passed by the Additional Sessions Judge (Fast Track) No. 2, Pratapgarh, Camp Nimbahera (for short, "the trial Court") in Sessions Case No. 36/2004 (35/2004), by which the trial court framed charge for the offence under Sections 109/302 IPC against the petitioner.
(2.) The facts of the case, relevant and necessary for disposal of this criminal revision, in a nutshell, are that there was an enmity between accused Daud Khan and Javed with deceased Nand Singh. These two accused hatched a criminal conspiracy to commit murder of Nand Singh alias Gogand and included petitioner Nitin Sindhi in the said conspiracy. It is alleged that as per the well-knitted plan, accused-petitioner Nitin, along with one Narendra Kumar, went to the house of deceased Nand Singh alias Gogand, and all the three went to Bothra Telecom & Restaurant. After some time, accused Daud and Javed came there. Accused Javed took out a knife and aiming it towards deceased Nand Singh, told that it was the last day of his life. Thereafter, accused Daud Khan opened fire from .32 Bore country-made pistol, which hit on the right lung of deceased Nand Singh and he died on the spot. After some time, Narendra Singh came and informed complainant Gajendra Singh about the incident. On this, complainant Gajendra Singh lodged an FIR with Police Station, Nimbahera. After investigation, the police filed challan against the accused persons for the offences under Section 302 read with Section 34 and 120-B, IPC, as also under Section 3/25 of the Arms Act. The learned trial court, vide impugned order, framed charges for the offence under Section 302 IPC and 3/25 of the Arms Act against accused Daud Khan; 302/34 and 3/25 of the Arms Act against accused Javed; and under Section 109/302 IPC against the present petitioner.
(3.) I have heard learned counsel for the parties and perused the impugned order as also the record of the trial court.;