GHUMAN SINGH Vs. JASWANTSINGH

JUDGEMENT

(1.) This revision petition has been preferred by the complainant -injured persons against the accused- persons-non- petitioners, being aggrieved by the order of not framing charge against the non-petitioners for offence under S. 307 IPC. The order that has been challenged by the complainant-petitioners is of framing of charges against the non-petitioners by the 3rd Addl. Sessions Judge Vidhsha, under Ss. 323/149, 324/149 and 326/149 IPC.

(2.) Briefly stated the facts leading to filing of this revision petition are that an incident of marpit took place in village Bhatoli, District Vidisha over a dispute of an agricultural land. On the date of the incident, the Inspector and a patwari had gone to the village for spot inspection and for verification of possession on the land. For that purpose, when a notice was being given to the non- petitioner Hariram and Jaswantsingh, they refused to sign the notice and all the accused attacked the complainant party shouting 'nobody be spared alive'. The Patwari and the Revenue Inspector, under fear, left the spot. In the assault, all the eight petitioners were injured. Ghumansingh suffered number of injuries including a stab wound on his abdomen, due to which his intestines came out with multiple perforations. He also suffered, another grievous injury on the right frontal area of head, which caused fracture resulting in his brain-matter coming out. All other petitioners viz. Nos. 2 to 8 also suffered multiple injuries, many on vital parts of their bodies. It would be relevant to mention here, only the injuries, of Komalsingh, Raghuveersingh and Mazbootsingh :- Komalsingh :-

(3.) The first information report of the incident was lodged by Shersingh and an offence under S. 307 IPC was registered against the non-petitioners. After due investigation, a challan was filed by the police for offence under S.147, 148 and 307 IPC. After enquiry, the case was committed to the Court of Session, for trial.