RAMJI Vs. BHAGWAN PRASAD

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the criminal proceedings in criminal case No. 1409 of 1987 (State v. Ramji and Ors.), under Section 307 IPC, pending in Second Lower criminal Court, Allahabad.

(2.) I have heard Sri Japan Ghosh, learned Counsel for the applicants and the learned Additional Government Advocate representing the State.

(3.) The brief facts of the case were that a complaint was filed by Bhagwan Prasad on 23.7.1985 under Sections 323/325/307 IPC alleging that on 5.5.1985 at 10.00 A.M. when the complainant was plucking mangoes along with his brothers, the applicants arrived there carrying Lathi, Danda, Gaddasa, and gun and started abusing the complainant's side. On protest by the complainant, on the exhortation of Siya Ram, Ram Ji fired with the gun of Lalji injuring the complainant on his chest. Lalji and Ashok Kumar have beaten Ishwar Prasad, the brother of the complainant, with Lathi and Danda respectively and caused injuries. When complainant's brother Ishwar Prasad went to the police station to lodge the report, he was locked up. However, Ishwar Prasad's injuries were examined in the jail hospital and the complaint also got himself medically examined. As the police did not take any action on his application, thereafter the complaint was filed. Thereafter on 27.7.1985, an order was passed by the XVI Additional Munsif Magistrate, Allahabad to the effect that statements under Section 200/202 Cr.P.C have been perused. There are fire arm injuries in the left side chest Hence, prima facie a case under Section 307 IPC appears to have been made out and Station Officer, Karchhana was directed to register and investigate the case under Section 307 IPC. In pursuance of that order a case at case crime No. 106-A of 1985 was registered at police station Karchhana on 3.8.1985. However, on 7.9.1985, the police submitted final report holding that actually the complainant's brother Ishwar Prasad had fired, which struck Ashok Kumar on the back and as Ashok Kumar was running towards the side of Bhatjwan Prasad, hence pellets also struck Bhagwan Prasad and further no one used fire arm from the side of the applicants. It is further mentioned that on 4.10.1985 the final report was accepted by the Magistrate with a one line order and the file was consigned to the record.