KALLAN Vs. STATE OF M.P.

JUDGEMENT

(1.) APPLICANT Kallan S/o Shriram Brahmin, aged 26 years, of the village of Fardua (P.S. Daboh), District Bhind apprehends his arrest in Crime No. 56/92 which was registered at Police Station Daboh on 15.7.92 at 3.05 p.m. on the basis of the F.I.R. lodged by Anand Swaroop S/o Ramesh Kumar Sharma, of the village of Debhai (P.S. Seondha, Distt. Datia) at 2.45 a.m. on 15.7.92 in respect of an occurrence which took place at 4.00 p.m. on 14.7.92 at the ghat of a river.

(2.) THE offence was registered under sections 364, 336,148, 149and 326 I.P.C. First -informant Anand Swaroop of Debhai went to a temple at Kaksi within the local limit of P.S. Daboh. Then he walked back to the ghat in question. Five persons -three of whom had guns and the remaining two had sticks caught hold of him. His out cries brought 10 -15 persons towards him. Jai Narayan Brahmin fired a shot at them and they retreated. The five miscreants dragged him away. When Ram Kumar Patel of Fardua came running after him and protested whereat Jai Narayan said that he was being taken for effecting his compromise with a Chandra Shekhar. The five persons took him to a pump house near Karawall where he was beaten up with sticks. They dragged him after trussing him up with a length of rope. They brought him to the haar of Debhai and Etowds and gagged him. Ram Shankar gave him axe blows on his right leg and almost severed it. Girja Shankar Brahmin gave an axe blow on his left leg. After this, his gag came off and he shouted out loudly at 6.30. His out cries brought a group of people of the village of Debhai including his father. The miscreants ran away. He was put into a bullock -cart and then they went to the Police Chowki Debhai and thence he was taken into a police vehicle to Police Station Secondha.

(3.) THE applicant shall offer his arrest at Police Station Daboh in a baparda condition by 30th November 92 because this order shall 'cease to have affect on and from 1.12.1992. In the event of his arrest, the applicant be released on a personal bond of three thousand rupees with two sureties in the like amount to the satisfaction of the Police Officer competent to accept bail under section 438 (1) Cr.P.C.