CHETAN RAGHUVANSHI Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition has been preferred under Section 397 read with Section 401 of the Code of Criminal Procedure being aggrieved by the order dated 06.11.2012, passed by Additional Sessions Judge, Amarwara, District Chhindwara in S.T. No.281/2012, whereby charge under Sections 147, 294, 341, 307/34 and 333 of the I.P.C. has been framed against this applicant and also against co-accused.

(2.) Facts in short, are that on 17.07.2012, when complainant Radheshyam Raghuwanshi was going alongwith his colleague Lalit Malani in the vehicle Maruti Van No.28-BD-1090. It is alleged that applicant and other co-accused persons restrained them on the way and took out Lalit Malani from the aforesaid vehicle. It is further alleged that applicant Chetan Raghuwanshi and co-accused Ajju Raghuwanshi were having iron rod in their hand and other co-accused persons were having wooden stick. Initially they abused Lalit Malani and thereafter they assaulted him with the intention to kill him by using the iron rod and sticks. Complainant Radheshyam tried to intervene them but accused persons threatened him for dire consequences and left injured Lalit assuming that he died and run away from the spot.

(3.) Police Station Chourai, District Chhindwara registered offence under Sections 341, 147, 148, 149, 294, 506 and 307 of the I.P.C. against the applicant and other co-accused persons. Injured Lalit was sent to the hospital and he has been treated. As per MLC report, the doctor has found as many as 12 injuries in different parts of his body like chest, back side, hands and legs and complaint of pain and swelling in other parts of the body. As per X-ray report, he sustained fracture in 4th and 5th proximal Phalanx. He was also treated in private hospital at Aditya Critical Care Emergency Centre, Nagpur, wherein he was treated and was found a fracture of 9th rib as well as 4th and 5th Proximal Carpel Right Hand.