LAWS(MPH)-2022-9-72

INDRA SINGH Vs. STATE OF M.P.

Decided On September 14, 2022
INDRA SINGH Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) Instant criminal revision is preferred by the petitioner under Sec. 397/401 of Cr.P.C. against the order dtd. 12/3/2022 passed by trial Court, whereby, application under Sec. 319 of Cr.P.C. for summoning the petitioner as accused has been allowed.

(2.) Precisely stated facts of the case are that on 20/7/2019 one Dehati Nalisi was registered by complainant Pradeep Singh stating that his agricultural field which is adjacent to the field of Vinod, some new saplings were tried to be extirpated by Vinod which led to some dispute and therefore, Police (100 dial vehicle) was called which intervened in the matter and advised both the parties to report the matter to the concerning police station. When complainant Pradeep Singh and his father were going police station on motorcycle then on a culvert accused Vinod, Shailendra, Indra Singh (present petitioner), Jaswant and Rajesh started hurling verbal abuse and threatened to kill them. When they passed the culvert then Vinod and Shailendra opened fire on them. Vinod fired on father of the complainant namely Sitaram, who sustained injury on chest and fell done. All assailants fled while threatening them for dire consequences if they report the incident to police.

(3.) Father of the complainant namely Sitaram taken to Hospital; where, he succumbed to the injuries. Thereafter, Marg was registered and Dehati Nalisi bearing No. 0/19 was registered. On the basis of Dehati Nalisi, FIR was registered for offence under Ss. 302, 307,147, 148, 149, 506-B of IPC.