RAHUL BANERJEE Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 10-11-2003 whereby the learned Trial Court has dismissed the prayer of the applicants for discharging them and held that prima facie offences against them under Sections 147, 148, 353/149, 332/149, 307/149, 109, 120-Band 121-A of IPC are made out.

(2.) IN brief the prosecution case is that on 2-4-2001, Collector Dewas alongwith Superintendent of Police, District Forest Officer, Special Police Force, Police Officials, Forest Officials and members of Van Samiti, in the morning at 8. 00 A. M. proceeded to Punjapura village. They were attacked by the villagers and members of Adivasi Mukti Morcha Sangathan, some were residents of Village Mehendikheda. They all were about 200 in numbers. Even after warning given by the Collector, they started pelting stone and also used bow arrow, gofan, rifle, country made pistol and caused injuries to as many as 13-14 police officials and employees of the forest department. At that juncture, one more group consisting about 150-200 villagers and members of Adivasi Mukti Morcha Sangathan also reached over there and attacked on the Collector and his associates. In that event the Collector had ordered for firing in self defence and during the course of firing, 3-4 persons from the opposite side have died. The police and forest officials had seized the bulk of wooden log which were illegally cut by the accused persons. The incident was reported in the police station and after due investigation, charge-sheet was filed for the above mentioned offences.

(3.) ON behalf of the applicants, application was filed under Section 227 of the Cr. PC for their discharge but the same has been dismissed by the impugned order. Hence, this revision.