SURESH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Arguments heard upon the application filed on 3.5.2019 under section 439 of CrPC on behalf of applicant Suresh S/o Jairam. Case diary of Crime No.202/2018, registered at Police Station Kotwali, District Balaghat under sections 294, 506, 324, 325 and 307/34 of IPC, also perused.

(2.) The accused was arrested on 6.8.2018. At present the Sessions Trial No.117/2018 is pending before the Court of First Additional Sessions Judge, Balaghat in which 3 witnesses have been examined out of them, P.W.2 is Dr.Nitendra Rawatkar and P.W.3 is Dr.Geeta Bokade. Dr. Rawatkar proved the MLC report of Dinesh, Raiwanti and Rupesh.

(3.) As per FIR of Crime No.202/2018 complainant Rupesh Mohare had gone to attend the marriage of Rajesh Nagpure at Village Bhatera. On 10.4.2018 when the aforesaid complainant Rupesh Mohare was returning after the marriage along with his elder brother Dinesh Mohare and Santram Mohare and reached infront of house of Suraj Mohare at about 9:00 O'clock in the night, the accused Suresh, Ramesh alias Sushil, Savan and Tapesh obstructed their way and abused them. When the complainant party opposed, then he was beaten by Ramesh, Sawan and Tapesh by the help of sticks. Suresh assaulted him by the help of axe and caused injury in his head. The accused persons also caused injuries to Dinesh Mohare and Santram. When the mother Raiwanti and brother Ritesh reached there and tried to save the Digitally signed by TRUPTI GUNJAL Date: 21/06/2019 15:41:31 2 MCRC-19131-2019 complainant, then Suresh caused the injuries to mother Raiwanti by the help of axe. It is also stated in the FIR that Sarpanch Dilip and Kapoorchand also reached there and both caused the injuries to Ritesh by help of sticks. As per medical report of Dinesh, 2 lacerated wounds and 2 abrasions have been found. Raiwanti sustained only one lacerated wound. Rupesh also sustained one lacerated wound and 2 abrasions. Grievous hurt, dangerous to life was observed by the doctor in the medical report of Ritesh Mohare. Medical report of Santram is not available in the case diary. It is also appeared that all injured persons sustained the injuries caused by hard and blunt object. No injury caused by any sharp-edged weapon is found in any of the medical reports. As per CT Scan report dated 11.4.2018 of Ritesh it is reported that -