CHHOTELAL Vs. STATE OF M P

JUDGEMENT

(1.) HAVING heard on I.A. No. 16138/11, applicants' application by allowing the same the annexed copy of charge- sheet is taken on record. Heard on the question of admission. Admit. State counsel has taken notice of this admission. As the copy of the charge-sheet is available on the record thus, looking to the question involved in this revision with the consent of the parties, the same is heard finally.

(2.) THE facts giving rise to this revision in short are that on dated 12.8.2010 at about 9 O'Clock in the night, at the instance of victim Ganesh Singh, a Dehati Nalishi was drawn up by the Assistant Sub-Inspector of Police posted at Police Station Begamganj. According to it, on the aforesaid date at about 7.30 in the morning when the applicant was sitting in front of his house at the same time applicants Chander Singh, Ritesh, Chhotelal and Dinesh Raikwar, came their and asked him why he had taken his tractor from their field, he replied that it is his way also. By that time applicants Ganesh, Dammu, Nitu @ Nitesh, and Ram Charan also came their and abused him. On asking them not to do such thing, he was subjected to blow of Katarna by Ram Charan, Ganesh and Chotelal with intention to cause his death. Consequently, he sustained the injuries with bleeding. When his father Gopial, Tikam Singh, Govind Singh came to rescue him then, his father was also subjected to the blows of Katarna by the applicants, Ram Charan, Dammu, Chandan Singh with intention to cause his death, consequently his father sustained the injuries on his head. Tikam Singh, Govind and Santosh were also subjected to beating with the blows of sticks by the applicants Dinesh, Ghanshyam, and Nitesh resultantly such victims also sustained some internal injuries. On the basis of aforesaid Dehati Nalishi, after sending the victim to the hospital for medical examination, the original offence was registered at Police Station Begamganuj against the applicants for the offence under Sections 294, 323, 307, 506, 147, 148 and 149 of I.P.C. and on carrying out the medical examination of the abovementioned victims namely; Gopi, Tikam Singh, Govind Singh and Parvesh Singh and Santosh their separate MLC reports were prepared and looking to the nature of the injuries sustained by the Gopi, he was referred to Hamidia Hospital Bhopal, for further management and expert opinion. After conclusion of the investigation, the applicants were charge-sheets for the offence of Section 294, 323,307, 506 147 read with Section 148 and 149 of IPC.

(3.) ON the other hand, responding the aforesaid arguments Smt. Nirmala Nayak, learned Govt. Adv. by justifying the impugned order and the framed charges said that the same is in consonance with the papers of the charge-sheet. At the initial stage in view of the averments of the FIR showing that the alleged assault was made by the applicants on victims with intention to cause death of some victims, the impugned order does not require any interference even for discharging the applicants from the charge of Section 307 of I.P.C. and prayed for dismissal of this revision.