KAPIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision has been filed by the applicant against the order dated 03.10.2018, passed by Second Additional Sessions Judge, Burhanpur in Sessions Trial No.64/2017, whereby the charges under Sections 182, 195 & 211 of I.P.C. and Sections 25 & 27 of the Arms Act have been framed against him.

(2.) In brief, the prosecution case is that, on 26.04.2017 one Murlidhar Choudhari, uncle of applicant - Kapil, lodged an FIR against Yashika and two other persons, stating that the applicant and Yashika were having love affair. However, Yashika's marriage was settled with another boy. Therefore, she avoided the applicant. Jilted with this, applicant - Kapil went to the house of Yashika. This information was received by Murlidhar on his cellphone. On this information, Murlidhar reached the house of Yashika and found motorcycle of his nephew Kapil. At a distance, he found Kapil having recieved a gunshot injury on his waist. Applicant - Kapil narrated to Murlidhar that with an intention to kill him, Yashika and his companions shot at him. Murlidhar and others brought injured Kapil to the District Hospital, Burhanpur for treatment. As stated above, Murlidhar lodged the FIR against Yashika and others. Police registered offence under Section 307/34 of I.P.C. against Yashika and her companions. During investigation, police found that to teach lesson and create obstruction in the marriage of Yashika, applicant - Kapil to falsely implicate Yashika and others by using a country made pistol caused gunshot injury on himself at his waist. Hence, police registered offences under Sections 182, 195 & 211 of I.P.C. and Sections 25 & 27 of the Arms Act against applicant - Kapil.

(3.) Learned trial Court framed charges under Sections 182, 195 & 211 of I.P.C. and Sections 25 & 27 of the Arms Act against the applicant.