AI Structured Summary
Not yet generated for this judgment
Judgment
R.K. Rastogi, J.—List has been revised. None is present for the revisionist or for the opposite party No. 2. Learned A.G.A. is present for the State.
Heard the learned A.G.A. and perused the record.
This revision has been filed against the order dated 2482001 passed by Sri S. P. Singh Additional Sessions Judge, Court No. 12 Varanasi in S.T. No. 326 of 2001 whereby he ordered that the charges under Sections 147, 504, 506, 427 I.P.C. be framed against the accused persons but he declined to frame charge under Section 307 I.P.C. against Jagdish Singh accused opposite party No. 2. Aggrieved with the said order declining to frame charge against Jagdish Singh under Section 307 I.P.C., the complainant filed this revision.
I have perused the record. The only allegation against accused Jagdish Singh is that he fired at the informant with a view to terrorise him. No firearm injury was received by the complainant or any other person. The trial Court has taken the view that there was no intention to kill any one and the only intention was to terrorise the complainant and since the fire allegedly done by the accused Jagdish did not hit the complainant nor any one else, no case under Section 307 I.P.C. was made out, and so he refused to frame charge against Jagdish Singh under the said section. The order passed by the trial Court does not suffer from any legal infirmity. Revision has no force and it is accordingly dismissed. The stay order is vacated.
Revision dismissed.