KASHI PRASAD PANDEY Vs. STATE OF M P

JUDGEMENT

(1.) The applicant/complainant has directed this revision under section 397 read with 401 of the Cr.P.C being aggrieved by the order dated 11.10.2011 passed by the IV ASJ, Chhatarpur in ST No.73/11 whereby the application filed on behalf of respondent No.1 under section 319 of the Cr.P.C to implead the respondent No.2 to 4 as co-accused in the impugned trial, has been dismissed.

(2.) The facts giving rise to this revision in short are that on dated 1.8.2010 at about 4.20 in the noon, the applicant/complainant Kashi Prasad lodged the Dehati Nalshi to the Police Officer posted at Police Station Bansiya district Chhatarpur contending that at about 1-2 O' Clock in the noon near the bridge of Garhaghati, he accompanied with Asharam Tiwari, Ramvilas Pandey and Santosh Patel were carrying out the work of cutting the rods. At the same time, on four motorcycles 12 persons, three persons on each motorcycles, came there. The first motorcycle was rode by Kallu Dubey on which Ramvishal lashed with gun and Bakua lashed with lathi, were seated as pillion rider. The second motorcycle was rode by Rani Dubey on which Chhana lashed with Farsa and Ghanshyam lashed with Ballam, were seated as pillion rider. The third motorcycle was rode by Rajua Bajpai on which Bablu Mishra and Ramnaresh both lashed with guns, were seated while the forth motorcycle was rode by Jairam Pandey on which Rinku Bajpai and Bitua Dubey lashed with sticks, were seated as pillion rider. After coming to the place of incident, out of the above named persons, Kallu Dubey stationed his motorcycle and abused Santosh with filthy languages,simultaneously Ramvishal and Bakua also abused him with filthy languages and, in continuation of such act, forcibly took Santosh on their motorcycle. On resisting by the persons present, accused Ramvishal Dubey threatened them saying that if anybody will come in front of them then he will shoot him. Thereafter Santosh was taken away by them towards the village. They were followed by the persons present and also apprised the incident to Rammillan Tiwari. The other villagers including Kallu Tiwari, Ramanuj Pandey, Kallu Pandey, Ramakant Tiwari and Ramswaroop Tiwari also went towards the house of Ramvishal Dubey to get Santosh Patel released from the aforesaid custody, on the way, in front of house of Shivshankar Pathak, said Ramvishal Dubey along with his companions, lashed with implements came from the side of his house and asked the complainant and other persons if any one will dare to come his residence then he will shoot him and if want to save their lives then they may go away. On asking Ramvishal and accompanied persons to release Santosh then again all the persons of complainant party were subjected to abuses by the culprits. They also started beating of the complainant and accompanied persons and threatened to open the gun shot on them. At the same time, Ramvishal, with intention to cause death of Kallu Tiwari made fire at him by 12 bore gun, resultantly, Kallu Tiwari sustained gun shot injuries on his right forearm, chest and head, and fell down. Thereafter, the accused fled away from such place. The complainant accompanied other persons also left such place and came to Police and lodged the Dehati Nalshi, from where the injured were sent to hospital where on medical examination their MLC reports were prepared. On advice by the doctor, xray of some of the injured persons were carried out. As per MLC report of Kallu alias Ramsewak, the gun shot injury was found on his person. On the basis of Dehati Nalshi, the original report under section 154 of the Cr.P.C was registered against the accused persons, namely, Ramvishal Dubey, Kallu Dubey, Bakua, Ghanshyam Dubey, Rani Dubey, Rajua Bajpai, Bablu Mishra, Ramnaresh, Jairam Pandey, Rinku Bajpai and Bitua Dubey. After holding the investigation, on completion of the same, except respondents No. 2 to 4, all other aforesaid accused persons were charge sheeted for the offence of section 147,148,149,364,294,323,506-B and 307 of the IPC.

(3.) It appears from the record that at the initial stage of filing the charge sheet, respondents No.2 to 4, inspite being named in the FIR so also in the interrogatory statement of the complainant and injured witnesses, mere on some report of Deputy Superintendent of Police, were not impleaded as an accused in such charge sheeted filed under section 173 of the Cr.P.C. It also appears from the available record that after filing the charge-sheet, inspite availability of the prima facie evidence against respondents No.2 to 4 for the alleged offence, they were not impleaded as accused in the matter,on which, then victim Santosh and some other filed an application under section 319 of the Cr.P.C to implead these respondents, along with other accused persons as co-accused in the matter. Such application was dismissed by the trial court on earlier occasion, against which some criminal revision was filed on behalf of said Santosh before the IV ASJ Chhatarpur. Such criminal revision was also dismissed on the basis of report of Deputy Superintendent of Police and the circumstances stated by the prosecution at the time of filing the charge sheet. Such order of revisional court was never challenged before this court either by Santosh or on behalf of the State.