YASHPAL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Applicant Yashpal singh has filed this revision against the order dated 6.7.2009 passed by First Additional Sessions Judge, Tikamgarh in Criminal Revision No. 41/2009, whereby the order dated 24.2.2009 passed by Judicial Magistrate First Class, Niwadi in Crime No. 307/2008 of Police Station Prithvipur District Tikamgarh was set aside.

(2.) In short, facts of the case are that on 28.11.2008 at about 1.30 A.M. complainant Anurag Nayak lodged the report with police Prithvipur that while the voting of Legislative Assembly Constituency, Prithvipur was in progress at about 4.30 P.M. accused Brijendra Singh Rathore along with Yashpal Singh and other accused persons forced voters to vote in favour of Brijendra Singh. When rival candidate Sunil Nayak reached there and opposed the activities of accused persons, on exhortation of Brijendra, Yashpal Singh took out a revolver and fired it at Sunil Nayak, as a result of injury, Sunil Nayak died in Medical College, Jhansi. On the above report, crime no. 307/2008 was registered under Sections 302 and 307 of the Indian Penal Code against Brijendra Singh, Yashpal Singh and other accused persons.

(3.) According to applicant, in the same incident, he had also suffered gun shot injury. He had also submitted a report to Superintendent of Police, Tikamgarh on 28.11.2008 stating that at the time of occurrence Sunil Nayak and his associates wanted to damage the electronic voting machine as they expected his defeat. They wanted to disturb the election process with a view to get the election of booth no. 53 rejected. Sunil Nayak abused him and exhorted other persons to kill him. Sunil Nayak's son Anurag Nayak snatched sten-gun from one of the gunners which was resisted by the gunners. In the process of snatching gun back from Anurag Nayak the bust of sten-gun went off, due to which he, Sunil Nayak and a gunner of Sunil Nayak suffered injuries. Police people took him to Jhansi for treatment and subsequently sent him to Kanpur, where he was operated. According to him, he had given oral report to Station Officer, Sunil Dhurve at the spot, but his report was not recorded. Even on his written report, no action was taken.