SALMAN AND ORS. Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Revision under Section 397/401 of CrPC has been filed against the order dated 19/06/2018 passed by First Additional Sessions Judge, Ashok Nagar in ST No.162/2017 by which the charges under Section 307/34 (two counts), 452, 294, 506-B of IPC and under Section 25(1-B)(B) of the Arms Act, have been framed.

(2.) The necessary facts for disposal of the present revision in short are that complainant Subham Yadav lodged a report on 18/05/2007 at 00.28 on the allegation that he is residing near Old Kacheri. His elder brother Rahul Yadav came from the market and instructed him to park the vehicle. While the complainant was parking the vehicle, at that time, the accused persons, namely, Sanu Bagula, Salman, Sanu Musalman younger brother of Salman and Akhtar came there and instructed him to remove the vehicle. When it was replied by the complainant that he is merely parking the vehicle, then all the four accused persons started scolding him and went back. Thereafter, four accused persons came back. Sanu Bagula was armed with a sword, Salman was armed with a knife, Sanu Musalman and Akhtar were armed with iron rods and by that time, the complainant and his elder brother had already gone inside the house. Sanu Bagula, Salman and Akhtar entered in the house and Sanu Bagula instructed that both of them should be dragged out and should be killed and accordingly, Sanu, Salman and Akhtar dragged the complainant and his elder brother outside the house and Sanu Bagula with intention to kill the complainant assaulted on his head by means of sword. Salman Musalman and Akhtar assaulted the complainant by means of iron rods. Salman gave a knife blow to his elder brother Rahul Yadav which landed on the right side of head and another blow was given which landed on the left side of hand. The third blow landed on the wrist of left hand of his elder brother. When Sanu Bagula tried to repeat the blow by means of sword, then the elder brother of the complainant saved him, as a result of which he sustained injuries on his three fingers. At that time, Sanu called Ubesh on phone, who came there along with an iron rod and Ubesh also assaulted both the brothers. After hearing the shouts of the complainant and his brother, the witnesses came there and the accused persons ran away.

(3.) The police after completing the investigation, filed the charge sheet and the Trial Court by order dated 19/06/2018 has framed the charges as mentioned above.