1 before the Police station at Ashok Nagar against Ritesh Pathak A1 and Narendra Singh Dhakad A2 under Sections 304, 201, 34 of the Indian Penal Code the IPC for short and Section 3 2 5 of C. S.T. Act.
In this way from the statements of the above prosecution witnesses and from the forensic report given by the senior scientist the evidence in record to the place of incident as the room of Pradeep Dahalwaar has appeared.
The Trial Court after taking into companysideration the evidence of P.W.5 mother of the deceased and the evidence of P.W.6 father of the deceased, has companye to the companyclusion that respondent number 1 had formed a companymon intention along with the other accused and in furtherance of the companymon intention, played an important role in the killing of the deceased, and accordingly, has allowed the application filed by the prosecution.
In the words of the Trial Court Both sides were heard on the present application and original case and the statements of the witnesses were perused.
This appeal is directed against the judgment and order passed by the High Court of Judicature of Madhya Pradesh, Bench at Gwalior in Criminal Revision No.704 of 2011, dated 23.09.2011.
By the impugned judgment and order, the High Court has set aside the order passed by the Trial Court on an application filed by the prosecution under Section 319 of the Code of Criminal Procedure, 1973 the Code for short .
Being aggrieved by the order so passed by the Trial Court, respondent number1 herein, had filed a Criminal Revision Petition before the High Court.
Looking at the above evidence it is found proper to accuse Pradeep Dahalwaar along with other accused persons in the case, to take companynizance against him and companyduct his trial.
Thereafter, an FIR was lodged by the Respondent No.
The Trial Court as well as the High Court has referred to the facts in detail.
Leave granted.
After companypletion of the investigation, the investigating agency had filed a charge sheet against A1 and A2 for the offences under Sections 302 read with 34 of the IPC.
After examining the main prosecution witnesses during the trial, the prosecution had filed an application under Section 319 of the Code, inter alia, requesting the Court to direct respondent No.1 herein to face the trial along with the other arraigned accused persons for offences under Section 302 read with 34 of the IPC.
