1. With the consent of the parties, the matter is heard finally at motion stage.

2. This petition has been preferred by the petitioner under section 482 of Code of Criminal Procedure against the order dated 3.7.2009 passed by Additional Sessions Judge, Sevdha in Case No.3 of 2009 ST by which, charges under section 307/34, 325/34 and 324/34 of IPC have been framed against present petitioners.

3. As per prosecution case complainant Ajay Mishra is Pujari in Gopurush Mandir, Indergarh, distt. Datia. On the date of incidence, he was in the temple with his wife Manju. In the evening on 8.4.2008 at about 6 PM present petitioner and co-accused reached there and abused him. Present petitioner was armed with luhangi. He caused injury to Ajay by means of luhangi. Ajay sustained injury in his head, chest, left shoulder, wrist, fingers and left leg. Manju tried to rescue, complainant then co-accused inflicted knife blow on the head of Manju and she suffered injuries on different parts of body.

Co-accused Vijay Mishra was exhorting petitioner and other co-accused to kill complainant and his wife.

4. On the report lodged by Ajay, crime No.66 of 2008 was registered at PS Indergarh agai