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HIGH COURT OF MADHYA PRADESH
Kailash – Appellant
Versus
The State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. factual background about the incident. (Para 1 , 2) |
| 2. arguments against framing charges. (Para 3 , 4) |
| 3. court's determination of legality of lower court order. (Para 5 , 6 , 8) |
| 4. application of section 34 ipc and common intention. (Para 7 , 9 , 11 , 12 , 13) |
| 5. interpretation of common intention in ipc. (Para 10) |
| 6. judicial standard for framing charges. (Para 14 , 15 , 16 , 19 , 22) |
| 7. revision denied, no errors found. (Para 20 , 21) |
| 8. final decision on revision petition. (Para 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 he
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