CHHOTELAL PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has preferred this revision petition under Section 397/401 of the Code of Criminal Procedure being aggrieved by order dated 13/9/2011 passed by the learned Special Judge, Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, whereby charges under Sections 147, 148, 307/149, 332/149, 294, 427 of Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act were framed against the applicant alongwith other co-accused persons.

(2.) Facts, in short, giving rise to this petition are that on 11.7.2010 at about 14.30 hours complainant Ashok Kumar, Patwari of Halka No. 52 carrying out the order of Raj Kumar Khare, Revenue Inspector, in regard to deliver the possession of Khasra No. 841 Rakba 1.047 Hectare to one Saraswati bai. For this purpose he took the aid of police force in which Head Constable Hanif Khan and constable Nizam Singh were also present there. Other persons namely Saraswati bai, Dammu Ahirwar, Hariram Ahirwar, Kotwar, Santosh Bhadrana and Gorelal were also present there. It is further alleged that when complainant performing the duties, as a public servant, applicant alongwith other 9 co-accused persons came there and to deter them from performing their duties and when constable Nizam tried to intercept the accused persons then co-accused Bihari assaulted him by means of a sharp weapon Katarna with an intention to kill him thereby Bihari sustained injury on his head. Co-accused Bihari again assaulted Nizam by way of Katarna. He received injury on his Pinna. Thereafter he fell down. Applicant and other co-accused persons assaulted the Head Constable Mohd.Hanif and Kotwar. It is further alleged that all accused persons broken the motorcycles of complainant and police force, destroyed the Revenue Record of the complainant and fled away from the spot. The report was lodged by complainant Ashok Kumar, Patwari on same day at 15.10 hours at police station Banda, District Sagar. Crime was registered against the accused persons under Sections 147, 148, 149, 307, 353, 332, 294, 427 of IPC and Section 3(2)(v) of Atrocities Act.

(3.) After usual investigation, applicant alongwith other co-accused have been charge sheeted before the learned Special Judge (Atrocities).