MOHAMMED RAJA Vs. STATE OF M.P.

JUDGEMENT

(1.) This order shall also govern the disposal of Cri.Rev.Nos.2479/2021, 2480/2021 and 2481/2021, as these revisions are arising out of the same crime No.79/2021, registered at police station Nagda and arising out of the order dtd. 3/8/2021, passed in S.T.No.26/2021 by ASJ, Nagda, whereby the learned Judge has framed the charges against the petitioners for the offence punishable under Ss. 307/149, 323/149 (4 counts), 147, 148, 294 and 506 (II) of IPC.

(2.) The case of the prosecution is that on 18/2/2021, the FIR was lodged by complainant Abas Ali, at around 10.28 PM in the night, alleging that at around 8.00 PM in the same night, he and other persons of his community were having a meeting with regard to the illegal possession of Madarsa by the petitioners. At that time, the petitioners came armed with lathi, sword, knifes, Darata and belt and abused them and started assaulting them and ran away from the spot with the threat of further dire consequences.

(3.) Counsel for the petitioners submitted that the petitioners have been falsely implicated in the alleged offence and so far as Sec. 307 of IPC is concerned, it was totally unwarranted and ought not to have been framed, looking to the injuries suffered by the injured persons as Munna and Abas Ali have received head injury and other persons had received simple injuries only. Counsel has submitted that so far as Munna is concerned, his injury is lacerated over occipital region approximately 2 x 0.5 cm and Munna in his statement has attributed the said injury to Aslam who was armed with stick only. The other injured Abas Ali also suffered a head injury in the form of laceration on the occipital region admeasuring .5 x 1 cm. Counsel has submitted that a counter case has also been registered against the complainant party at crime No.80/2021. It is further submitted that initially a case was registered under Ss. 321, 147, 148, 149, 294 and 506 of IPC only and injuries suffered by Abas Ali was also said to be simple in nature. Abas Ali was also admitted in civil hospital, Ujjain, but he was also discharged within two days time and had suffered no bony injury and along with charge sheet also no such medical documents of Abas Ali have been placed on record to suggest that he suffered any grievous injury, as there is no query report. Thus it is submitted that the report appears to be concocted.