AJMER SINGH TOMAR Vs. RAGHURAJ SINGH TOMAR

JUDGEMENT

(1.) This petition has been preferred by the petitioner-complainant under section 482 Cr. P.C. invoking the inherent powers vested in this Court for quashing of the order passed by the learned Additional Sessions Judge, Morena, in S.T. No. 321/93, there by altering the charge to section 326 from section 307 in the prosecution launched by police Ambah and remitting the case under Section 228(1)(a) of Cr. P.C. to the Magistrate for trial.

(2.) The facts may be briefly described as under: The report of the incident was lodged by the petitioner with the police on 16-5-1993 stating that while at the well his younger brother Ram Singh was making the rope, accused-respondent No. 1 Raghuraj threw the rope and abused him. The said incident was informed to the petitioner by his brother Ram Singh at his house after his return from the well. Thereupon the petitioner went to the well and asked respondent Raghuraj as to what the matter was. The petitioner was then assaulted by means of a farsa by respondent Raghuraj which fell on his head. Respondent No. 3 Lohrey Singh and respondent No.4 Pooran Singh also assaulted him by means of lath is. The other witness Vishwanath, who came to intervene in the incident, was also assaulted by Pooran Singh by lathi. It was further stated that one Bipati Singh was assaulted by respondent No.2 Kunwar Singh on his head. In the incident, Raghuraj Singh is alleged to have injured Prakash on the palm of his right hand by farsa and injured Prakash was further assaulted by respondent No. 3 Lohrey Singh on his right foot. Lastly, respondent-Pooran Singh was alleged to have assaulted Puran on his head and the right shoulder.

(3.) On the medical examination of the above said five injured persons, the injuries to all the injured were found to be simple in nature except an injury of Ajmer Singh, the petitioner whose X-ray examination disclosed a fracture on the front-parietal region.