NARESH KUMAR SURYAVANSHI Vs. STATE OF M P

JUDGEMENT

(1.) The applicants have preferred the present revision against the order dated 3.5.2012 passed by the learned 3rd Additional Sessions Judge, Khandwa in S.T. No.142/11, whereby an application under Section 319 of the Cr.P.C. was accepted and the applicants were added as accused in the trial.

(2.) The facts of the case, in short are that, the complainant Sajan Singh (PW-1) had lodged an FIR on 20.6.2009, which was written in Roznamcha that a quarrel took place between the accused Durga and Sajan Singh, in which he was assaulted in the abdomen and therefore, he complained about the pain in the abdomen. On the report registered in the Roznamcha, an FIR of Section 155 of the Cr.P.C. relating to the non-cognizable offence was registered and the victim was sent for his medico legal examination. He was complaining about vomiting and therefore, he was referred to the District Hospital, Khandwa and thereafter, he was admitted in the Suyash Hospital, Indore. A surgery took place and it was found that some intestines were found damaged therefore, Dr. Arvind Ghanghoriya (PW-3) concluded that the injury caused to the victim was fatal in nature. After sometime, the victim and the witnesses have stated that the victim was beaten by the Head Constables Hamid Khan and Nana More therefore, they were also made the accused in the case. The victim Sajan Singh had stated against the applicants before the various forums and thereafter, gave an affidavit that he has never been assaulted by the applicants, whereas he gave his previous statement due to some confusion. Again, he has stated before the trial Court against the applicants and therefore, the trial Court allowed the application under Section 319 of the Cr.P.C. and added the applicants as the accused in the case.

(3.) I have heard the learned counsel for the parties.