KULDEEPSENGH RAMKISHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 29-1-1988 passed by the IIIrd Additional Sessions Judge, Shajapur, Camp shujalpur in Sessions Trial No. 1 of 1988 framing charge under Section 307/149 of the Indian Penal Code against the petitioners.

(2.) CIRCUMSTANCES giving rise to the revision petition are these. According to the first information report the informant's brother Kailash is a licensed vendor of magazines at the Shujalpur railway station. The petitioners Kailash and kuldeep are the servants of the petitioner Motiram and indulged in unauthorised sales of newspapers and magazines. The informant Balmakund had asked them to desist from indulging in such sales. In consequence, on 17-6-1987 at about 8 a. m. the petitioners, five in number, duly armed, attacked him. Motiram had declared that he should be done, to death. The informant sustained several injuries including one incised one on the head and had fallen unconscious.

(3.) AT the conclusion of investigation, the police filed challan against the petitioners and the charge aforesaid has been framed against them.