SHRICHAND MAKHIJA Vs. STATE OF M.P.

JUDGEMENT

(1.) THE present revision petition is against the order dated 1.2.1991, passed by " Fifth Additional Sessions Judge, Jabalpur, in Sessions Trial No. 225/90 framing charge against the applicants for the offences punishable under sections 120B/307/326 of the Indian Penal Code.

(2.) ACCORDING to the prosecution, on 18.6.1986, acid was thrown on the complainant Daya Shankar Vyas who was Food Inspector in Katni town at the relevant time and who was going in a rickshaw with Surendra Saraswat who also received some injuries on account of acid burns." On their report being lodged, the police investigated the matter but there was no evidence as such. Eventually, the police filed a final report on 16.12.1986. The matter was handed over to the C.B.I. which eventually filed a charge -sheet against the accused persons including the present applicants on 18.6.1988. One Beni Koshta is also charge -sheeted for an offence under section 307/326, I.P.C read with section 120 -B, I.P.C, as he is alleged to have thrown acid. The present applicants along with one Daulatram have also been charge -sheeted for conspirary to throw acid on the complainant Daya Shankar Vyas. The present revision petition is filed for quashing the charges framed "against the applicants.

(3.) THE argument of the learned counsel for the applicants is opposed by the learned counsel for the non -applicant State. His submission is that the case of Daulatram is different from the present applicants. His further submission is that for framing charges only material facts of the case are to be looked into and that no rowing - enquiry for framing charges is required at this stage.