KANHAIYALAL Vs. STATE OF M P

JUDGEMENT

(1.) The applicants - accused have directed this revision being aggrieved by the order dated 13.6.2011 passed by Ist Upper Additional Sessions Judge, Hoshangabad in Sessions Trial No. 109/11 framing the charges against them for the offence under Sections 147, 148, 307/149 and 353 of IPC.

(2.) The facts giving rise to this revision in short are that on dated 12.12.2010 at 17.15 o'clock the Police Party comprising of various Police Officials including the victims namely Shankar Meena, Harishankar, Roop Singh, Jugal Kishore and Gautam Kashyap caught hold the applicants while they were carrying out the gambling activities at some open place in village Temla Hill of district Hoshangabad. At the same time the applicants lashed with the implements by using the criminal force created obstruction in discharging the public duties of such Police Officials and in continuation of the same, in furtherance of their common object started their beating also. Resultantly the abovenamed Police Constables sustained various injuries on their persons. Therefore, the applicants were arrested and brought to Police Station where Crime No. 455/10 was registered against them for the offence under Sections 147, 148, 149, 353, 183, 307 of IPC. On sending, the above mentioned victims to the hospital after medical examination, their MLC reports were prepared. Some of them were also advised for x-ray. On completion of the investigation, the applicants were charge sheeted for the aforesaid offence alongwith additional Section of 333 of IPC and Section 13 of Gambling Act.

(3.) On committing the case to the Sessions Court, considering the papers of the charge sheet on framing the charges of the offences, stated in para 1 against the applicants, they abjured the same and thereafter being dis-satisfied with such order the applicants have come forward to this Court with this revision.