RAVI YADAV Vs. STATE OF M P

JUDGEMENT

(1.) The petitioners herein/accused have filed this Criminal Revision under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short the 'Code') challenging the order dated 05.08.2013 passed in Sessions Trial No.77/2013 by I Additional Sessions Judge, Datia whereby charge under Sections 147, 148, 307, 324/149, 323 in alternate 323/149, 323/149, 336, 506B and 294 of IPC has been framed against the accused Ravi Yadav while under Sections 147, 148, 307/149, 324/149, 323 in alternate 323/149, 323/149, 336, 506B & 294 of IPC has been framed against the accused Dharmendra, Vikram Singh, Sukhnandan & Malkhan.

(2.) The prosecution case, in brief, is that the complainant, Hukum Singh Yadav reached to the Police Station, Sarsai alongwith the injured, Charan Singh and lodged a report to the effect that they are looking after the work of sand mine, on 07.08.2011 at about 1.00 pm, he alongwith his brother Charan Singh were returning from the sand mine, when they reached near the field of Ram Singh Yadav, they saw that Vikram Singh Yadav was carrying his tractor for loading the sand. They asked Vikram Singh to come in line as per his number. On this, Vikram Singh abused with filthy language and make a phone call at his residence, then Ravi Yadav armed with Gun, Dharmendra Yadav armed with Katta, Malkhan Yadav armed with kulhadi and Malkhan armed with danda (stick) came there and all of them with a common intention abused them with filthy language. Charan Singh restrained them not to abuse, then Malkhan gave an axe blow which struck over the nose of Charan Singh, blood started oozing out from the wound. Dharmendra, Ravi, Sukhnandan and Vikram beaten Chain Singh by the butt of katta, gun and danda. When he (the complainant) tried to intervene, Sukhnandan and Malkhan gave an axe and stick blows to him (complainant). Ravi and Dharmendra fired in air by the firm-arms and threatened them. His brother Nekiram, Ramhuzur Yadav, mother Parvati and Rani came there and tried to intervene. On this, the accused persons threatened to kill them and fled away from the spot.

(3.) The FIR was registered at Crime No.24/2011 under Sections 147, 148, 149, 336, 294, 506B, 323 & 324 of IPC at Police Station Sarsai, District Datia and the injured were sent to the hospital for their medical examination. After due investigation, a challan was filed for an offence punishable under Sections 147, 148, 149, 326, 294, 324, 294, 506B & 336 of IPC against the accused persons before the Committal Court, which on its turn committed the case to the Court of Sessions from where it was received by the learned Trial Court for the trial.