Back
1990 Supreme(All) 397
High Court of Allahabad
Virendra Kumar, J.
Mumtaz
Vs.
State of U. P.
Criminal Revision No. 147/89
Decided On : Jul 07, 1990
Advocate Appeared:
S.H.Ibrahim
The central legal point established in the judgment is that the material available justified the framing of charges under Section 307 read with Section 149 IPC by the Sessions Judge, and the question of the charges being borne out or falling on the ground would be considered at a subsequent stage.
Headnote:
Section 307 - Criminal Revision - Section 307, 149 IPC - Summary of Acts and Sections: The court discussed the framing of charges under Section 307 read with Section 149 IPC against the accused, based on the evidence of rioting and violence by the accused party, including throwing of hand-grenades. The court referred to Section 228 CrPC for framing of charges by a court of Sessions.
Fact of the Case:
The accused were charged under Section 307 read with Section 149 IPC for their involvement in rioting and violence, including throwing of hand-grenades during a procession, resulting in injuries to police personnel and others.
Finding of the Court:
The court found that there was sufficient material to justify the framing of charges under Section 307 read with Section 149 IPC by the Sessions Judge, based on the evidence of rioting and violence by the accused party.
Issues: The main issue was the challenge to the framing of charges under Section 307 read with Section 149 IPC by the accused, claiming it to be groundless and unwarranted.
Ratio Decidendi: The court held that the material available justified the framing of charges under Section 307 read with Section 149 IPC by the Sessions Judge, and the question of the charges being borne out or falling on the ground would be considered at a subsequent stage.
Final Decision: The revision petition was dismissed, and the court upheld the framing of charges under Section 307 read with Section 149 IPC against the accused.
Virendra Kumar, J.
1. This criminal revision is filed by II persons who are accused in Sessions Trial No. 13 off 1986 pending before 6th Addl. Sessions Judge, Faizabad. Grievance of the revisionists is that the charge under Section 307 read with Section 149 IPC framed against all of them is unwarranted and groundless, hence this should be quashed.
2. Learned counsel for both the parties have been heard. First Information Report was lodged by the Head Constable Bhullan Dubey on 21-8-88 against all the revisionists as accused. According to the FIR informant Head Constable Bhullan along with other constables was on duty in connection with procession of Moharram on that date. When the procession reached near the Chhappar of Ram Dularey by passing through its route, all the accused-revisionists collectively threw bricks and stoness at the house of Ram Dularey as well as on Police personnel who were on duty. One of the contable, namely, Parusu Ram Dubey was asked to go and give information to the Police Station but the accused-revisionists caught hold of his cycle and started up-rotting the Chhapper of Ram Dularey. As a result of the throwing of bricks and stones one of the constables got injuries on his head and injury was also caused to Ram Dularey, some of his family members and a few others. At the warning by the police constables the assailants ran away but on being chased one of the accused- assailants, namely Shah Alam who was one of the members of the assembly took out a hand-grenade from his LUNGI and threw it which fell down and exploded at a distance, but, on again being chased another hand-granade was thrown near the house of Raja Ram Verma which did not explode. That hand grehade was taken to the police station. Some of the accused-revisionists were caught on the spot as a result of the chase and they were taken to the police station.
3. Six persons which included constable Faya Lal and a few members of the family of Ram Dularey and other were medically examined in the night of the same day of occurrence i. e. 21-8-88 and the six injury reports have been filed.
4. On the basis of the FIR case was registered against all the accused- revisionists, investigated and chargesheet submitted against all of them to the court of Magistrate for different offences including the offence under Section 307 IPC which is exclusively triable by the court of Sessions. The case was committed to the court of Sessions Under Section 209 CrPC against all the accused-revisionists who do not seems to have moved against the commitment order and against their appearance which was ensured by the Sessions Court before it.
The Sessions Court framed charges under Section 148 IPC and Section 332 read with Section 149 IPC against Shah Alam accused and under Section 147 and 332 read with Section 149 IPC against the remaining 10 accused- revisionists. Additionally the charge under Section 307 read with Section 149 IPC was framed by the court of Sessions against :- (i) Shah Alam in the following terms :-
"that you along with ten others being a member of unlawful assembly on aforesaid date, time and place all of you or some of your co-accused did an act, namely, brick batting and you blastured Hand Bomb with such intention or knowledge under such circumstances that if by that act you had caused the death of Ram Dularey, or any one of his family member, or police party, you would have been guilty of murder and you caused hurt to Ram Murat, Ram Subhag, Smt. Ram Milan, Ram Dularey and Constable Phaya Lal by your said act and has thereby committed an offence punishable under Section 307 IPC read with Section 149 IPC and within the cognizance of this court of Sessions ;"
(ii) and against the remaining accused-revisionists in the following terms :-
"That you along with the aforesaid Saleh Alam on the afoiesaid date, time and place and being members of unlawful assembly, all of you and some of you did an act namely by throwing brick battings on aforesaid pers
