VIKRAM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Revision under Section 397 read with Section 401 of the Cr.P.C has been filed against the order dated 9.2.2018 passed by the Additional Session Judge, Mahidpur District Ujjain in S.T.No.60/2018 by which the trial Court has framed the charge under Sections 307/34, 323/34 (Two counts), 294 and 506 part II of IPC.

(2.) The necessary facts for the disposal of the present revision in short are that the complainant Anup Kumar Bhargav lodged a FIR on 5.10.2017 at about 3.00 am, on the allegation that, the house of his uncle is situated adjoining to the house of the complainant and his cousin brothers use to quarrel with him very frequently. On 4.10.2017, the construction work of his house was going on, and on that issue the accused Vikram Singh came there and started abusing the labours and forced them to run away. When the complainant came back to his house, then he came to known about the incident. It was already 10.00 in the night. He asked the accused to come out of the house and when the complainant inquired as to why he has forced the labours to close the work then the accused Vikram started abusing him.

(3.) When the complainant objected to it, then he slapped the complainant and went home. Thereafter, the applicants came in front of the house of the complainant and started abusing him.When the complainant requested them not to behave in such a manner, then the applicant no.1 Vikram assaulted on the head of the complainant by means of an iron rod; whereas the other applicants assaulted the complainant by means of Lathis, as a result of which he fell down. After hearing the shouts of the complainant his father intervened in the matter he too was assaulted. While fleeing away, the applicant no.3 extended the threat with the life of the complainant. The matter was intervened by the neighbours as well as mother of the complainant. The injured persons were brought to the hospital where the "Dehati Nalshi" was lodged.