SANTOSH USARETHE. Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision under Sections 397/401 of the Code of Criminal Procedure, 1973 has been preferred by the applicant challenging the order dated 5.3.2018 passed in ST No.253/2018 by the 8th Additional Sessions Judge, Jabalpur, whereby the learned Judge of the trial Court has framed the charges against the applicant under Sections 120-B, 147, 148, 294, 307 read with Section 149 of IPC. The order of framing of aforesaid charges has been filed by the applicant subsequently through covering memo dated 14.10.2019.

(2.) Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case only because of his affinity with the main accused and on account of the fact that the complainant party in the present case is also involved in the murder of applicant's nephew namely Amit alias Goldi Sharma whose murder was committed by complainant Pradeep Patel and for which the Crime No.549/2011 was also registered under Sections 323, 324, 307, 302/34 of IPC, and with a view to falsely implicate the present applicant as a counter blast, the name of present applicant has been included in the present case.

(3.) Learned counsel for the applicant has further submitted that in the Dehati Nalishi as also the FIR in the present case lodged on 10.1.2018 by the complainant Deepak Singh, the name of the present applicant does not find place despite the fact that the FIR has been lodged against as many as six persons along with other three unknown persons. It is further submitted that in the statement of injured Pradeep Patel recorded under Section 161 of Cr.P.C. on 17.1.2018 i.e. seven days after the incident took place, the name of present applicant has appeared for the first time and is referred to as a person who also had a hand in the committing the aforesaid offence. It is further submitted that the complainant Deepak Singh has also not named the applicant in his statement recorded under Section 161 of Cr.P.C.