SHIVNARAYAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard, Case-diary perused.

(2.) This repeat (second) application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant- Shivnarayan @ Sevaram who is implicated in connection with Crime No.366/2017, registered at Police Station-Agar, District-Agar, concerning offence under Sections 294 , 323 , 324 , 341 , 506 , 427 , 302 / 34 of IPC, 1860. Earlier application was dismissed as withdrawn vide order dated 22/01/2020 passed in M.Cr.C. No.54533/2019.

(3.) As per prosecution case, on 01/07/2017, @ 7.30 p.m. complainant Nepal Singh lodged a report that he was going alongwith Nitesh Sharma on his Car from Tanodiya to his village Aakhakhedi. They stopped the Car near the grocery shop of Pankaj at village Hadai ka Kheda, purchased some grocery items, gave Rs.100/- and asked for the balance amount, however, the present applicant (shopkeeper), refused to give the balance amount stating that he was not having any change. On this account, quarrel took place between them and applicant assaulted Nepal Singh by sword on his head, Ramesh, Arjun and Bhima assaulted him by lathi on his left leg, back and left knee respectively, due to which he sustained injuries and fell down.