Order

18/01/2024

The present criminal revision petition under Section 397 read with Section 401 Cr.P.C . has been filed against the order dated 28.07.2023 passed by learned Additional Sessions Judge, Rajgarh, District Alwar (Raj) in Sessions Case No.12/2023 whereby, learned trial court has framed the charges against all the accused- petitioners under Sections 323, 341, 324, 325 , 326 & 307 of IPC and under Section 5/27 and Section 30 of Arms Act against petitioner-accused No.1 and 2 respectively.

Learned counsel for the accused-petitioners submits that learned trial court has wrongly framed the charges against the accused-petitioners under Sections 323, 341, 324, 325 , 326 & 307 of IPC . He also submits that against the accused-petitioners Dharmendra Singh and Kailash Singh, charges under Section 5/27 and Section 30 of Arms Act were wrongly framed as there was no recovery of any firearm from the accused Kailash and Dharmendra Singh. He further submits that the formation of charges under Section 307 IPC is also illegal as the learned trial court has framed the charges under Section 326 of the IPC . The charges under Sections 307 & 326 cannot run concurrently, therefore, the impugned or