WASIM Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been filed by the petitioner Wasim one of the coaccused in S.T.No.430/11 for discharging him. According to him, the charges framed against him by the Sessions Court are required to be set aside. In fact, the petitioner even moved an application before the Sessions Judge for discharging him of the charges. The said application was dismissed.

(2.) In short, the prosecution case is that on 01/07/2011 at 19:45 hours, when the complainant Imran alogwith Afsar and Nooruddin @ Raja were coming after performing Namaj from Kharati Masjid of Khandar Mohalla, Ujjain, Yusuf Lala, Moinuddin and Wasim with knives alongwith Jafar Choudhari and Bhura Lala came there. Yusuf Lala caused injury on the occipital region of the head of Nooruddin by knife and Wasim caused injury on his left hand by knife. When Moinuddin tried to assault by knife, the complainant and Afsar caught hold of him. Bhura Lala, Jafar Choudhari threatened with direct consequences. The complainant Imran alongwith his companions saved Nooruddin. A report of this incident was lodged at P.S. Mahankal and offence under Sections 307,147,148,149 and 294 of the Indian Penal Code was registered vide Crime No.474/11 against the 5 accused persons including the present petitioner.

(3.) According to the petitioner, before this incident, on July 1, 2011 at about 7;35 P.M., alongwith others armed with sharp edged weapons assaulted the present petitioner and caused injuries upon the occipital region of head and other parties of the body. A report was lodged of that incident by Sheikh Mohd.Salim, brother of the petitioner, at Police Kharakuan, Ujjain, who registered a case under Sections 323, 294, 506/34 of IPC vide Crime No.55/11. In fact in the said complaint, even the charge sheet has been filed by the police after investigation against the accused in that FIR under Section 324,323,294 and 506/34 of IPC and also under Section 14 and 15 of the M.P.Rajya Suraksha Adhiniyam, 1990 on 17.10.2011. It has been submitted that in view of the aforesaid, an application was filed by the petitioner for discharging him, but the said application was dismissed. Hence, the petitioner is before this Court by way of present revision petition.