SHANTI AND OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicants are assailing the order dated 24.6.2016 passed by Special Judge, Bhind in Special Sessions Trial No.42/2016, by which the charges punishable under Sections 147, 307/149, 323/149, 325/149 of IPC and Section 3(2)(v) and Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, have been framed against the applicants.

(2.) The facts leading to filing of the present case are that the applicants are accused of inflicting grievous injuries on the complainant Rakesh Jatav and simple injuries to injured Kailash, Rajkunwar and Sukhram Jatav, due to which the FIR was registered at Crime No.36/2015 by Police Station Mau, District Bhind against the present applicants for commission of offences indicated above. The basis for framing of charge under Section 307 IPC is that accused Komal fired on injured Rakesh.

(3.) Learned counsel for the applicants invited attention of this Court to the MLC report of injured Rakesh, in which no injury of firearm was found on the body of injured Rakesh. Meaning thereby that the applicants cannot be attributed with the intention of committing culpable homicide amounting to murder. Therefore, it is submitted that the trial Court erred in framing of charge under Section 307 read with Section 149 of IPC. Apart from it, the ingredients of other charges framed against the applicants are also absent.