GELOH @ NAIT SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Heard on the question of admission. Petitioner has filed this petition under Section 482 of The Code of Criminal Procedure (for short the Code) for invoking inherent powers of this Court with a prayer that the order dated 22.02.2012, passed in Special Sessions Trial No. 16/2011 by the First Additional Sessions Judge, Datia, whereby additional charge on petitioner was framed under Sections 307 and 307/149 of The Indian Penal Code (for short the IPC). The complete set of charge sheet has been filed today.

(2.) It has been submitted by the learned counsel for the petitioner that on perusal of the entire evidence and FSL report dated 31.10.2011, it reveals that the bullet which was taken out from the body of Yogesh (deceased) marked as EB3 and on the last page of the report dated 31.10.2011 it was opined by the expert that bullet EB3 and other bullets EB1 and EB2 were fired by same firearm.

(3.) To made clear, it is further submitted by the learned counsel for the petitioner that the bullet EB1 and EB2 were taken out from the body of Diwakar Singh Yadav (deceased), further the allegation made in the Dehati Nalisi accused Pooran Yadav had fired on Diwakar and petitioner Geloh Yadav had fired on Yogesh, therefore, it was not possible that all the three bullets were fired from same firearm by the petitioner Geloh Yadav. In the aforesaid premises, additional charge, which has been framed against the petitioner is required to be quashed.