CHANDRABHAN SINGH @ KALU Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Revision under sections 397, 401 of Cr.P.C., 1973 has been filed against the order dated 9-2-2007 passed by Additional Sessions Judge, Karera, Distt. Shivpuri in Sessions Trial No. 32/2017 by which charges under Sections 294, 341, 147, 326/149, 325/149, 323/149, 506 Part II of I.P.C. have been framed.

(2.) Challenging the correctness and proprietary of the order dated 9-2-2007 passed by the Trial Court, it is submitted by the Counsel for the applicants, that the Trial Court has wrongly framed charge under Section 326/149 of I.P.C.

(3.) The necessary facts for the disposal of the present revision in short are that the complainant Gajendra Singh Thakur lodged a F.I.R. on 20-10-2016 at 21:45 to the effect that at about 17:00, he was cultivating the fields with the help of the tractor. At that time, the accused persons/applicants came there and asked him not to cultivate the land as it belongs to them. When the complainant replied that the land belongs to him, then he was dragged down from the tractor and Umendra gave an axe blow on the right hand which landed below his elbow joint. One lathi blow was caused by Gopal Singh which landed on right side of his face. Surajbhan assaulted him by fists and blows. When his brother Pushpendra, father Malkhan and mother Savindi Bai tried to intervene in the matter, they too were assaulted by them. On the complaint of the complainant Gajendra, the police registered the F.I.R. and filed the charge sheet after completing the investigation.