UMESH SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This common order shall govern the disposal of CRR nos. 162/2014 and 246/2014 as they arise from the same incident resulting into two separate cases counter to each other.

(2.) According to the prosecution story, the incident took place on 02/06/2012 at about 6.30 am. The genesis of the incident is stated to be minor collision of bike of son of the complainant Dashrath singh with that of a police official. The dispute arose between the policeman and the son of complainant. At that movement, the present accused, who were six in number, reached the spot to support the police official. They also inflicted injuries on complainant Dashrath, his brother Chandrabhan singh, his son Umendra Singh and his uncle Nirbhay singh. They also tried to drag them to Bolero vehicle, in which, they reached the village by showing them service revolver. On listening hue and cry of the incident, other villagers also came on the spot. It is alleged that with the help of them, the complainants overpowered the police party, snatched the revolver from accused Pradeep Chouhan, which was later handed over to Station In-charge, police station-Cant. On the basis of the complaint lodged by villagers, the police station-Bherugarh, Neemuch registered crime no. 130/2012 under sections 323, 506, 307/34 of IPC against the police personnel, who were six in number. After investigation, charge sheet was filed.

(3.) The police personnel also filed a complaint against the villagers stating therein that when they went to village for search of the person, against whom, warrant was issued, they were attacked by the villagers and they were wrongfully confined. On their complaint, crime no. 131/2012 under sections 147, 149, 323, 342, 506, 353 and 333 of IPC was registered. After investigation, two separate charge-sheets were filed before the concerning Magistrate, who committed the cases to the Court of Session. Being counter to each other, the cases were made over to First Additional Sessions Judge, Neemuch.