VEDPRAKASH TARACHAND BHAIJI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IT is a petition filed under Sections 397 and 401 read with Section 482, Criminal Procedure Code against the order dated 9-9-1993 passed in Sessions Trial No. 134/93, by Shri R. B. Singh, Third Additional Judge to the Court of Sessions Judge, Sagar, by virtue of which order charges under Section 306 read with Section 34 of the Indian Penal Code have been framed against the accused who are petitioners in Criminal Revision No. 597/93, Criminal Revision No. 612/93 and Criminal Revision No. 4186/93. As all of the three cases relate to one and single order passed by the learned AJ to SJ Sagar and in all of the said three cases, similar questions of law and facts are involved, all of the said three cases are being disposed of by this single order.

(2.) THE facts of the case are as follows : According to the prosecution Vedprakash Bhaiji (Petitioner in Criminal Revision No. 612/93), Prakash Chand and Vinod Kumar (Petitioners in Criminal Revision No. 597/93) and Mahesh Vaidhya (Petitioner in Misc Cri. Case No. 4186/93) as well as Rajesh Godre had advanced loan amounting to Rs. 65,000/- to Ramesh Kumar Sadholia. Thereafter, Ramesh Kumar Sadholia paid Rs. 65,000/- to Rajesh Godrc.

(3.) ONE day prior to the said incident i. e. on 1-2-1993 in the noon Vinod Kumar and his father Prakash Chand Taddaiya came to the shop of Ramesh Kumar Sadholia and both of them filthily abused him and demanded that Ramesh Kumar Sadholia should repay 30,000/- to them otherwise they would kill him.