S.K. Gupta, J.

1. Being aggrieved by the order dated 18.2.2013 passed by the Additional Sessions Judge, Ganj Basoda, Distt. Vidisha, in Sessions Trial No. 182/2011 framing charges under Sections 302 read with Section 120-Band 302 read with Section 109 of IPC, the petitioner has preferred this Criminal Revision under Section 397/401 of Cr.P.C.

2. The brief facts of the case in short are that a report was lodged by complainant Tarachand Ahirwar to the effect that he alongwith Shivdayal and Sanjeev Jain was sitting at Dharmkanta. Suddenly at about 11.15 pm. Sanjeev Jain, on the call of some unknown person, went outside and after about two minutes when the complainant heard some sound, he went outside and found that Sanjeev Jain was sitting awkwardly outside and two persons after starting their motorcycle run away. Thereafter, he alongwith others took Sanjeev Jain to hospital where doctor declared him dead. Firearm marks were visible at left side of rib and neck. On the report, FIR at Crime No. 1073/10 was registered for the offence punishable under Section 302 of IPC at police Station Basoda, Distt. Vidisha and investigation was conducted. During investigation, statements of th