GANGA RAM Vs. STATE OF M P

JUDGEMENT

(1.) The petitioners are hereby assailing the charge which has been levelled against them by learned lind Additional Sessions Judge, Shajapur in the matter of Sessions Trial No. 338 of 1993 by which they have been charged for committing offence punishable under Section 313 read with Section 147 of Indian Penal Code.

(2.) The prosecution alleged that in the evening of 19.8.1993 at about 6 p.m. petitioners formed unlawful assembly for the purpose of committing offence of rioting and assaulting P. W. Ganpat and as such had visited his house being armed with sticks along with co-accused Bhanwarlal s/c Gangaram who was possessing a country-made pistol. The prosecution further alleged that the petitioners called P. W. Lalu out of his house but as Lalu was restrained by his family members from going out, P.W. Ganpat came out of the house and he was slapped by the petitioners. It is also the prosecution allegation that thereafter the petitioners left the spot and thereafter coaccused Bhanwarlal fired country-made pistol and caused injury to P.W. Bahadur Singh on his right thigh.

(3.) Shri Piyush Mathur, counsel for the petitioners argued that though it is the Case of prosecution that present petitioners slapped P.W. Ganpat, P.W. Ganpat has not stated in his statement recorded during investigation that present petitioners slapped him. He further argued that the prosecution case itself shows that petitioners did not do any overt act which was suggestive of their becoming members of unlawful assembly which was formed for the purpose of committing any clime in context with P.W. Ganpat or P.W. Bahadur Singh and, therefore, petitioners could not have been charged for offence punishable under Section 323 read with 147 IPC. He submitted that the charge framed against the petitioners needs to be set aside and they need to be discharged.