TEJPAL SINGH Vs. STATE OF M. P.

JUDGEMENT

(1.) With consent heard finally.

(2.) By this petition preferred under Sec. 482 of the Code of Criminal Procedure the petitioner/accused has challenged the order dtd. 29/11/2023 passed by the IIIrd Additional Sessions Judge, Ujjain in Sessions Trial No.2021/2022 whereby it has rejected an application under Sec. 311 of the Cr.P.C filed by him for re-recording the statement of the complainant Tejpal and injured Muskan before the Court.

(3.) The facts in brief are that an FIR was lodged by the complainant to the effect that about six months ago he had sold 33 bighas of land to co-accused Sonu Maharaj for a consideration of Rs.4.00 Crores. Against the transaction an amount of Rs.3,10,000.00 only was paid. On 4/6/2022 at 2.30 PM when the complainant along with his wife Muskan, brother Mahipal and grand-mother Bhavan Kunwar were at the house build on their field, the accused persons including the petitioner came with a JCB machine and broke the boundary gate. Co-accused Sonu told them to vacate the field else they would put the complainant party to death. Thereafter there was altercation between both the parties and on direction of co-accused Sonu, co-accused Tarun put a Katta near the head of the complainant while the other co-accused caught hold of Mahipal and thereafter they directed the JCB operator to demolish the house. In the incident co-accused Sonu Maharaj pushed Bhagwan Kunvar on the field and kicked Muskan in her abdomen and sprinkled kerosene oil on her and set her on fire. Accused persons then left the place after threatening the complainant party with life.