KAILASH AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) This criminal revision is directed against the order passed by the learned Special Judge under Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Indore in Special Sessions Trial No.13/2016 dated 23.04.2016 whereby the learned Special Judge dismissed an application filed by the present applicant under Section 227 of Cr.P.C. requesting the Court that either discharge them as no charges are made out prima-facie against them or frame charges only under Section 304 Part-II IPC.

(2.) Brief facts relevant for disposal of this application are that on 02.12.2015, the deceased Kanhaiyalal came to attend marriage ceremony of Dharmendra S/o Hariram Jatav. The deceased consumed liquor and he was in inebriated condition. He fell down in a drain and spoiled his clothes. He was not found by other members of the marriage party, and therefore, when they tried to search him, it was found that he was beaten by present applicants as he was found in undergarments in front of their house. He was also admitted by the present applicants in M.Y. Hospital, Indore where he succumbed to his injuries.

(3.) Admittedly, during the investigation, it was found that he was beaten by the present applicants as according to them, they found the deceased in undergarments inside their house. It is also the case of present applicants that the deceased broken open the door of their house and entered with an intention to commit theft.