LAKHAN KURMI Vs. RAM GOPAL DUBEY

JUDGEMENT

(1.) By the instant application filed under Section 482 of Cr.P.C., the applicants have challenged the order 28.2.2007 passed by the Additional Sessions Judge, Damoh in Criminal Revision No.32/2006 by which the order dated 20.12.2005 passed by the JMFC Damoh (Shri Manoj Kumar Tiwari) in Complaint Case No.316/2004 was reversed and it was directed to frame the charges for commission of offence punishable under Sections 147, 323, 324, 429 read with Section 149 of IPC.

(2.) Brief facts of the case are that the respondent No.1/complainant had lodged a complaint before the JMFC Damoh with the pleading that on 23.12.1995 all accused persons, out of them four were police officials, came to the field of the complainant and asked about Chandu and Raghvendra. Thereafter they started assaulting the complainant. It is alleged that Lakhan Kurmi also assaulted the victim by barrel of a gun causing him injury on left side of his head. Thereafter, on the instigation of accused No.1 to 4, remaining accused had assaulted the victim by fists and sticks. Thereafter, they entered into the house and took a sum of Rs.10,000/- from a box. When witnesses Swami Prasad, Vishnu Ram, Murli Chamar, Darbari and Kallu Thakur came to save the victim, then accused persons broken the irrigation motor and pipes of the victim. Witness Halle was threatened not to work with the complainant in future. Some of the accused persons took the witness Halle in the house of Ramgopal and broken the tiles of the roof of the house. Some firing from firearms was also made and thereafter Ramgopal was taken to the Police Station and kept behind the bars. A fake case under Section 151 of IPC was prepared. The victim was released on 28.12.1995. Due to injuries, he could not lodge the FIR. However, he sent an FIR to the higher police authorities by registered post. On 26.12.1995 Hakle had also sent a complaint whereas Mannulal and Sarju had also sent a complaint to the Collector. Thereafter a complaint was filed on 1.2.1996 before the Court below. After considering the evidence under Sections 200 and 202 of Cr.P.C, the trial Court has registered the complaint for commission of offence punishable under Sections 324 and 429 of IPC. The accused persons were summoned. After registration of the complaint and evidence before charge was led by the complainant. After completion of evidence before charge, the trial Court heard both the parties on the point of framing of charges. Vide order dated 20.12.2005, learned JMFC Damoh found that no offence under Section 324 or 429 of IPC is made out against the accused persons, and therefore all the accused persons were discharged from such offences. The complainant preferred a revision before the Revisionary Court and vide order dated 28.2.2007 the Revisionary Court reversed the order passed by the Magistrate and directed to frame the charges of offence punishable under Sections 147, 323, 324, 429 read with Section 149 of IPC with the pretext that no meticulous appreciation of evidence was required by the Magistrate at this stage.

(3.) Learned counsel for the applicants has submitted that since Chandu was son of Ramgopal, who was harden criminal and required by the police, therefore some of the accused persons went to the house of Ramgopal, which was situated in his field, but no such assault or any mischief was done by any one. The complainant has implicated not only the police officials but other enemies of the village in the matter without any basis with the help of some pattent witnesses. He prepared a cooked case. Learned Additional Sessions Judge did not consider the plea under Section 197 of Cr.P.C. raised by the accused persons, and therefore learned counsel for the applicant has placed his reliance upon the judgment of the Hon'ble Apex Court in the case of "P.K.Pradhan Vs. State of Sikkim, 2001 AIR(SC) 2547").