MUKESH SHARMA Vs. STATE OF MP

JUDGEMENT

(1.) This Criminal Revision under Section 397/401 of CrPC has been filed against the order dated 07/04/2017 passed by Special Judge (Scheduled Castes and Scheduled Tribes, Prevention of Atrocities Act), Datia in Special Sessions Trial No.16/2017, by which the charges under Section 307 r/w Section 34 of IPC, Section 25/27 of the Arms Act and sections 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act have been framed.

(2.) According to the prosecution case, on 12/12/2016 at about 06:30 pm the complainant lodged a FIR against unknown persons alleging that a gunshot injury was caused to him.

(3.) It is submitted by the counsel for the applicant that the statement of the injured in the form of Dying Declaration was recorded in which he has specifically stated that three unknown persons were coming on motorcycle and somebody fired at him causing gunshot injury. The statement of the complainant was recorded under section 161 of CrPC, 1973 in which he had specifically stated that he do not know that who had caused such injury, however, the supplementary statement was recorded on 15/12/2016, in which he had made an allegation against the applicant. The statements of the witnesses were also recorded on 18/12/2016, in which it was alleged that the applicant was also one of the persons who was riding on the motorcycle. In nutshell, the submission made by the counsel for the applicant is that in the FIR the applicant was not named, however, in the statements of the witnesses which were recorded after sometime, the applicant has been falsely implicated and,therefore, the trial Court committed a material illegality by framing the charges under Section 307/34 of IPC and under Section 25/27 of the Arms Act as well as under section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.