ACHHELAL CHOUDHARY Vs. STATE OF M P

JUDGEMENT

(1.) The applicants/accused has preferred this revision under section 397 read with 401 of the Cr.P.C being aggrieved by Order dated 11.1.11 passed by the Court of Special Judge (constituted under the Schedule Caste and Schedule Tribes (Prevention of Atrocities Act) (in short 'the Act'), Satna in S.T.No.71/10 framing charges against them for the offence of section 341,294 (two counts) ,307, 307/34, 323 (two counts),506-II of the IPC and section 3(1)(x) of the Act.

(2.) The facts giving rise to this revision in short are that the on dated 5.2.2010 at about 11 O' Clock in the night, the complainant Rambiswas Choudhary lodged the FIR at P.S Singhpur district Satna contending that at about 9.30 in the night, victim Krishna Kumar Mishra was at his field situated near river Garda. Rajesh alias Bhaiya Chaturvedi, Achchelal Choudhary and Jainarayan were also sitting in the adjoining field. At the same time, when Krishna Kumar Mishra was coming from his motorcycle, on the way near the field known in the name of 'Palha', said Rajesh alias Bhaiya lashed with Farsa, Achchelal lashed with an Axe, Dadoman and Jainarayan lashed with sticks stopped him and asked the whereabouts of the Sarpanch. On saying by Krishna Kumar that he does not know about him then all the aforesaid culprits by abusing him with filthy language started his beating. Achchelal Choudhary gave the blow of Axe on the head of the victim Krishna Kumar while the blow of Farsa was given on his head by Rajesh Chaturvedi. Applicant Dadoman and Jainarayan carried out his beating by means of sticks. When the complainant Rambishwas and Ramdhani went to rescue the victim Krishna Kumar then they were also subjected to beating by the applicants resultantly all victims had sustained injuries with bleeding on different parts of their persons. On their shouting, some of the villagers came there then by giving the criminal intimidation to kill the complainant and other injured, the applicants fled away. On the aforesaid report, the offence of section 341,294,323 and 506-II of the IPC was registered against the applicants. Subsequent to registration of the offence, the applicants were sent to the hospital where their MLC reports were prepared. Out of them, victim Krishna Kumar Mishra was referred for x-ray. On carrying-out the same, the fracture of ulna bone of right hand was revealed. In investigation it was also found that the alleged incident with Rambiswas was happened with intention to humiliate him on account of his caste Charmakar (Kumra) covered under the Act. On completion of the investigation, the applicants were charge sheeted for the offence of section 307,341,294,324,323,506-B,427,325/34 of the IPC and section 3(2)(v) and 3(1)(x) of the Act. On evaluation of the charge sheet, the charge of section 341,294,307,307/34,323 (two counts) 294,506-B of the IPC and section 3(1)(x) of the Act was framed against the applicants. They abjured the guilt and thereafter being aggrieved by such order have come to this court with this revision.

(3.) The applicants counsel after taking me through the copy of the charge sheet along with the impugned order and framed charges said that even on taking into consideration the face value of the charge sheet including the nature of the injuries sustained by the victims and the other medical evidence as accepted in its entirety, the charge of section 307 of the IPC is not made out against any of the applicants. So far the other framed charges are concerned, he has not made any submission for discharging them from such charges. For discharging the applicants from the offence of section 307 of the IPC, he categorically stated that the victim Rambiswas and Ramdhani had sustained the simple injuries as stated by the doctor in their MLC reports while in the MLC report of victim Krishna Kumar Mishra as many as 11 injuries have been stated by the doctor. Out of them, injury No.4,6,8,9 and 10 are stated to be simple in nature while no opinion regarding injury No.1,2,3,5 and 7 was given by such doctor. For some of the injuries, victim Krishna Kumar Mishra was referred for x-ray and on carrying-out the same, only fracture of Ulna bone in right hand was revealed. He also stated that in entire charge sheet, any of the doctor has not opined that any of the injury sustained by Krishna Kumar Mishra was sufficient to cause his death in the ordinary course of the nature. In such premises, it could not be deemed that the applicants or any of them have committed the offence of section 307 of the IPC and pursuant to it the charge of section 34 of the IPC, till this extent is also not sustainable and, prayed to discharge the applicants from such charge of section 307 and 307/34 of the IPC by allowing this revision.