BHAJAN SINGH @ BHAJANLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This application under Section 482 of Cr.P.C. has been filed against the order dated 19/5/2017 passed by the ASJ, Ashoknagar, Circuit Bench in Chanderi, in Sessions Trial No.192/2016 by which the application filed by the applicant under Section 451 of Cr.P.C. has been rejected.

(2.) The necessary facts for disposal of the present application in short are that the accused-Parmal Pal is facing trial for offence under Section 302 of IPC. The allegations are that a FIR was lodged by the deceased-Sauram Pal on the allegation that accused-Parmal Pal by driving the tractor in rash and negligent manner dashed against his motorcycle, as a result of which he has sustained injuries. On the basis of the Dehatinaslishi lodged by the deceased-Sauram Pal, the police registered a FIR for offence under Sections 279 and 337 of IPC. Later on, Sauram Pal died and after completing the investigation, the police added an offence under Section 302/34 of IPC and filed charge-sheet against Parmal Pal and the applicant.

(3.) An application under Section 451 of Cr.P.C. was filed for release of the tractor and trolley on interim custody. The said application was dismissed by the trial court on the ground that the allegations are that the applicant alongwith other co-accused persons have committed murder of Sauram Pal by dashing against his motorcycle as well as running over the tractor and trolley over the body of the deceased and subsequently by assaulting him by Lathis. It is further held that as the tractor and trolley is the weapon of offence, therefore, at this stage it would not be proper to release the vehicle and accordingly, the application under Section 451 of Cr.P.C. was rejected.