MANGAL SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Present revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 is preferred by the petitioner being crestfallen by the order dated 25.03.2019 passed by the II Additional Sessions Judge, Ambah, District Morena, whereby the application under Section 319 of Cr.P.C. preferred by the complainant has been allowed and petitioner has been summoned as accused.

(2.) Precisely stated facts of the case are that Bantu Singh Tomar lodged a complaint that on 24.07.2018 at 5:45 PM at Police Station Porsa, District Morena that at around 8:00 am in the morning, he along with Sonu Tomar was sitting in his shop and in front of them, his cousin Parmal Singh Tomar was coming from Patokhi Ki Khod to his Village Kotharkhurd and the moment he crossed Kwari river accused Bhim Singh, Arjun Singh, Akash Singh and Ravi Singh because of previous enmity stopped his brother Parmal Singh and with the intention to kill him, two blows of axe were inflicted over his head. Blood was oozed out and he became unconscious. Sonu Tomar tried to intervene in the matter. Bhim Singh who was wielding axe inflicted blow (from blunt side) to Parmal Singh over his back and right knee. Parmal Singh was brought to hospital and admitted therein.

(3.) Investigation was carried out in which police did not find presence of the present petitioner Mangal Sing over the spot and filed charge-sheet against other co-accused except the petitioner. Charges were framed by the trial Court and thereafter trial was started.