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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
Prem Narayan Singh
Kailash – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. factual basis for allegations against the accused. (Para 1 , 2) |
| 2. arguments presented by the petitioners and the state. (Para 3 , 4) |
| 3. court's observations regarding the applicability of section 34 ipc. (Para 5 , 6 , 7 , 8 , 10 , 11 , 12) |
| 4. clarification of legal standards at the charge framing stage. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 5. conclusion affirming the trial court's decision to dismiss the revision petition. (Para 19 , 20 , 21 , 22 , 23) |
ORDER :
Prem Narayan Singh, J.
1. This criminal revision under Section 397 /401 of Cr.P.C.has been filed by the petitioners being aggrieved by the order dated 22.1.2022 passed by the Second Additional Sessions Judge, Ratlam, wherein charges under Sections 294 , 323, 34, 326, 34, 506(II) of IPC and 25(I-B)(B) of ARMS ACT has been framed against the petitioner.
2. As per the prosecution case, on 30/09/2020, the complainant Bharatlal lodged a report that while he was present at the tea shop of Krishna with Khima and Ratanlal, the accused Kailash and Suresh armed with iron pipe and axe came there and after some conversation Kailash hit him with iron pipe on his head and Suresh hit by Axe on his head. It was further alleged that
Common intention for liability under Section 34 IPC can be inferred from circumstances and joint participation, not solely from direct evidence.
The existence of common intention among co-accused can be inferred from the circumstances without requiring premeditation; mere participation in a crime does not establish joint liability.
At the stage of framing charges, only prima facie evidence is required, and strong suspicion is enough to frame charges. The court referred to various legal principles and precedents to support its d....
At the stage of framing charges, the truth, veracity, and the effect of the evidence are not to be meticulously examined, and strong suspicion is enough to frame a charge. The court is required to ev....
The court affirmed that at the charge framing stage, only a prima facie case is required, emphasizing that meticulous examination of evidence is not necessary.
: Bail should not be granted in murder cases in normal course.
At the stage of framing charges, only a strong suspicion of the accused committing an offense is required, and the final test of guilt is not applied at this stage.
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