SHANKAR YADAV Vs. BASANTIBAI AND ANR

JUDGEMENT

(1.) Criminal Revision No. 835/10 under Section 397 r/w Section 401 Code of Criminal Procedure, 1973 (in short "Cr.P.C.") has been filed by applicant-accused Shankar Yadav challenging the order dated 19.7.10 passed by XIIth Additional Sessions Judge, Indore in Sessions Trial No. 1308/2009 (Crime No. 745/09, registered at Police Station Chandan Nagar, Indore), whereby the trial Court has allowed the application filed by the non-applicant No. 1 under Section 319 of Cr.P.C. and directed to arraign as accused in the said case.

(2.) Criminal Revision No. 829/10 has been filed by accused Deepak and Raju. In both the revision applicants are aggrieved by the order dated 19.07.2010 and common question is involved therein and, therefore, they are being disposed of by this common order.

(3.) Facts briefly stated are that on 27.8.2009 at about 13.00 Hrs. the non-applicant No. 1 was going alongwith his son Vikas @ Gultu and when they reached at Rishi Palace his son was assaulted by Mahendra Solanki, Raju Solanki, Pappu Sabjiwala, Nilesh, Lalu and present applicants namely Shankar Yadav, Deepak and Raju Yadav. A Marg report was made at 13.30 Hrs on 27.8.2009 i.e. within half hour of the murder of Gultu. On the basis of Marg FIR was registered vide Crime No. 745/09 on 27.8.2009. Named FIR has been lodged against the present applicants and other co-accused persons. During investigation a complainant was lodged to the Sr. Superintendent of Police, Indore that Shankar Yadav has been falsely implicated in the alleged offence, whereas accused Shankar Yadav was not present on scene of occurrence, he was attending the funeral of Dharmendra Singh Gaud, elder brother of Education Minister, Late Laxaman Singh Gaud. Another accused Deepak Yadav was hospitalized in Arvindo Medical Hospital Indore when the alleged offence took place. Raju Yadav was also not present on the seen of occurrence. During investigation, 161 statements of Kishore Singh Solanki, Health Officer, Indore Municipal Corporation, Dr. Uttam Yadav, Health Officer, Indore Municipal Corporation, Devkrishna Sankhla, Councilor and Member of Indore Municipal Corporation, Amar Singh Panwar, Office Asstt. MPSEB, Rajmohalla Zone, Smt. Malini Gaud, MLA, Yogendrasingh Rathore, Revenue Inspector, Collectorate, Indore, Ravindra Singh Gaud, Govt. Pleader and Public Prosecutor were recorded. In their police statements, they deposed that the Shankar Yadav was not present on the scene of occurrence on 27.8.2009. Kishore Singh Solanki in police statement has deposed that on 27.8.2009 at 1.45 pm he came at Bhandari Mill Square and he was with Shankar Yadav from 1.45 pm to 2.45 pm. Prior to 1.45 pm, he has no knowledge about him. Dr. Uttam Yadav in his 161 statement has deposed that Shankar Yadav was alongwith him from 1.45 pm to 2.45 pm. Devekrishna Sankhla in his 161 statement has deposed that Shankar Yadav was attending funeral of Dharmendra Singh Gaud alongwith him and he was there from 11.30 am to 1.00 pm and thereafter they again met at 2.00 pm and he was with him till 15.00 Hrs. final report, filed under Section 173(2) of Cr.P.C. name of Shankar Yadav, Deepak and Raju Yadav were not included alongwith other co-accused persons. The case was sent for trial by the committal Court before the Sessions Judge as per order dated 17.12.2009. In the Sessions Court case was registered on 24.12.2009.