LAWS(MPH)-2015-11-109

UNION OF INDIA Vs. SUDEEP PATEL AND OTHERS

Decided On November 18, 2015
UNION OF INDIA Appellant
V/S
Sudeep Patel And Others Respondents

JUDGEMENT

(1.) Both the revision petitions have been filed against the order dated 20/07/2011 passed in Sessions Trial No. 27/2011. By the aforesaid order, the trial court has held that there is no sufficient evidence to frame charge against respondent no. 4 Kamal Patel. The Court further held that there is also no evidence to frame charges against respondents no. 1 to 3 for commission of offence punishable under Section 25 of the Arms Act.

(2.) As per prosecution on 05/03/2008, Sudeep Patel, Arun Jat, Deepak Sharan, Gyanesh and Durgesh Jat had reached at the house of Rajendra Patel in a vehicle rain forest colour Tavera bearing No. MP 04 CA 2789. The aforesaid persons forcibly entered in the house of Rajendra Patel and abused him. It is further alleged that some gun shots were fired at Rajendra Patel and in self-defence Rajendra Patel also fired two gun shots from his licenced weapon of 12 bore and .314 rifle in retaliation. The gun shots had hit Durgesh Jat who was severely injured and Arun Jat had also received injuries on his leg. Thereafter, the aforesaid persons reached at the government bungalow of Kamal Patel at Harda. The condition of Durgesh Jat was critical, thereafter his body was dis- appeared. The prosecution made allegation against Kamal Patel who was Revenue Minister at that time that he had helped the assailants in dis-appearance of body of injured Durgesh Jat.

(3.) Complainant Ram Vilas Jat lodged FIR at police station when no action was taken, a writ petition was filed before this court. The High Court vide order dated 11/11/2008 passed in W.P. No. 11986/2008 handed over the investigation to the CBI. Thereafter, the CBI Lukhnow registered a criminal case punishable under Section 451, 336 and 34 of IPC against Sandeep and three other unknown persons. After investigation, the CBI filed charge-sheet against Sudeep Patel, Deepak Saran, Arun Jat for commission of offence punishable under Sections 34/307/458/304(II) 201 of the IPC and section 27 Arms Act and also filed charge sheet against Rajesh Lathi, Amit Patel, Manoj Kushwaha, Sandeep Patel and Kamal Patel for commission of offence punishable under Sections 120-B/ 304(II)/201 of IPC and against Raghunandan Singh under Section 120-B/201 of IPC. A supplementary charge-sheet was also filed against Gyanesh Jat @ Gyanu before the Court of Special Judicial Magistrate CBI, Indore. Thereafter, the case was committed to Sessions Judge, Harda and the Sessions Judge Harda transferred the case for inquiry and trial to First Additional Sessions Judge, Harda. At the time of framing of charge, the court has held that there is no evidence to frame charge against Kamal Patel consequently he was discharged. The court also discharged Sudeep Patel, Deepak Saran, Arun Jat from the charge of commission of offence punishable under Section 27 of the Arms Act.