VIPIN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Accused/Petitioner has filed this Criminal Revision under Section 397 read with Section 401 of Cr.P.C. to set aside the order dated 13.02.2019, passed in Session Trial No.97/2017, by III Addl. Sessions Judge, Shahdol, District Shahdol (MP), whereby learned ASJ Shahdol framed the charge against the accused/petitioner under Section 307 in alternative 307/34 and 427 of Indian Penal Code (hereinafter referred to as IPC for short) and Section 11 (gha) (da) of Prevention of Cruelty to Animals Act and Section 6, 6(ka)/10/11 of M.P. Krishak Pashu Parirakshan Adhiniyam, 1959.

(2.) The facts of the case in brief are that on 27.1.2017 in the night at 3:30 AM, complainant Shakti Mehra was sleeping in the room of his house, situated at Chuhiri Gohparu nereby the road. At that time, co-accused came by driving the vehicle (Truck) bearing registration No.MP-16H/0913 and intentionally dashed the said truck to his house and him also. Complainant Shakti Mehra received grievous injuries. Thereafter, co-accused ran away from the spot. The said truck was loaded with 27 cattle. FIR was lodged. The said truck along with 27 cattle were seized. During the investigation, co-accused Alok Yadav was arrested on 30.1.2017. His disclosure statement was recorded. He stated in his disclosure statement that he was transporting said 27 cattle and present accused/petitioner received Rs.3,000/- from him for delivery of said cattle in safe condition at appropriate place. Present accused/petitioner told him that if any person tried to stop the truck, then he will dash the same to that person. At the time of incident, one person stopped his truck, then co-accused telephoned accused/petitioner. Accused/petitioner told the co-accused that he dashed the said truck situated nearby a house, which entered into the house. Present accused/petitioner telephoned to mobile No.7389706005 through his mobile No.9691896631. So, the accused/petitioner was made an accused in this case. After the investigation, charge sheet has been filed and learned trial Court framed the charge against the accused/ petitioner for the aforesaid offence.

(3.) Learned counsel for the accused/petitioner submits that no case is made out against the accused/petitioner for offence punishable under Sections 307 in alternative 307/34 and 427 of Indian Penal Code (hereinafter referred to as IPC for short) and Section 11 (gha) (da) of Prevention of Cruelty to Animals Act and Section 6, 6(ka)/10/11 of M.P. Krishak Pashu Parirakshan Adhiniyam, 1959. The learned Court below has not considered the facts of the case properly. There is no material available on record except the memorandum statement of co-accused. Alleged mobile phone used in this incident was not seized. Telephonic conversation of alleged phone was also not seized. No mobile or memory card was seized during the investigation. No eye witness is available on record. So, learned trial Court framed the charge against the accused/petitioner without any legal or material evidence, therefore, learned counsel for the accused/petitioner prays for setting aside the impugned order and discharging the accused/ petitioner from the aforesaid charges.