STATE OF M P Vs. HARIVANSH

JUDGEMENT

(1.) A charge-sheet for attempt to murder and rioting etc., was filed by the police in the Court of JMFC Mauganj, district Rewa against the non-applicants. The trial Magistrate committed the case in the Court of Session, which was registered as Sessions Trial No. 24/84. The trial was made over to the second Additional Sessions Judge, Rewa. The Additional Sessions Judge by the impugned order dated 25.8.1984 felt that no offence triable exclusively by the Court of Sessions is prima facie made out and be therefore, transferred the case to the Chief Judicial Magistrate, under Section 228(1) (k) of the Code of Criminal Procedure (hereinafter referred to as the Code). Aggrieved by that order the State has filed the present revision.

(2.) The prosecution allegations briefly stated are that on 20.8.1984, while Raghunath Singh along with others had been going on the scooter, non-applicant Baijnath stopped him. At that very time there was a gun fire. One of the non-applicants Harivansh is said to have exhorted MARO SALE KO. An injury was said to have been inflicted by sharp edged weapon on the head of Raghunath Singh by non-applicant Motilal. Non-applicants Chandra Shekhar and Narayan Prasad were also present who were armed with lathis. Non applicant Ramashrya also was present. N. As. Reghuwar Singh and Laxmi who were holding guns were seen going away.

(3.) On examination of Raghunath Singh who had lodged the first information report, an incised injury was found on his head. This was besides the other injuries on other parts of the body. Umesh Kumar sb Raghunath Singh who was accompanying the latter, also had an injury. These injuries to Raghunath Singh and Umesh Kumar were simple. In the report lodged by Raghunath Singh, there is a mention that there is some land dispute with Chandra Shekhar Singh and Raghuwar Singh. During investigation guns were allegedly seized from non-applicants Laxmi and Raghuwar Singh.