KALLA @ DEEPAK Vs. STATE OF M.P.

JUDGEMENT

(1.) WITH the consent of learned counsel for the parties, matter is heard finally.

(2.) THIS revision petition has been preferred under Section 397/401 of Cr.P.C. against the order passed by the Special Judge (Atrocities), Ashoknagar, in Special S.T. No. 58/11 on 4.11.11, whereby charges under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 302 of IPC, alternatively under Sections 302/34 and 201 of IPC, alternatively under Section 201/34 of IPC have been framed against the petitioner.

(3.) LEARNED senior counsel for the petitioner has submitted that prima facie there is no evidence against the petitioner. The alleged eye -witnesses Raghuveer Singh, Rajumar and Laxmi Bai, the widow of the deceased, have not stated anything about the involvement of the petitioner. The son and wife of the deceased have stated that there was a dispute regarding transaction of money between Rajbhan and the deceased and Rajbhan and Sunil took the deceased from his house. Thereafter, they came to know that the deceased has been murdered. In pursuance of the memorandum of Rajbhan and Sunil, the weapon used in the commission of offence and a mobile have been seized. The petitioner has been involved merely on the basis of assumption. It is prayed that impugned order be quashed.