RAHUL JHA Vs. STATE OF M P

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C. has been filed challenging the order dt.28.08.2019 passed by the 9th Additional Sessions Judge Gwalior rejecting an application under Section 311 of Cr.P.C. filed by the complainant, present petitioner.

(2.) Brief facts leading to the present petition are that the complainant Rahul Jha had lodged a FIR at Police Station Bijoli, Gwalior registering Crime No.218/2014 on 23.09.2014 under Sections 336, 323, 294, 506, 34 of IPC mentioning therein that on 23.09.2014 an incident took place at about 6.30 at village Supavali when complainant was in his field, then accused persons Surendra Laharia and Narendra Laharia reached his field and Surendra Laharia with a view to obstruct his father from cultivating the field, fired a gun shot in the air, as a result of which complainant started running and had fallen down on earth causing injury on his shoulder when Narendra Laharia exhorted to catch hold of him and abused.

(3.) It is his contention that prosecution has examined Dr.Manish Singh as P.W.1 and Dr.O.P.S.Chouhan as P.W.2 and they have not supported his version that he had sustained gun shot injuries. These witnesses were examined on 12.10.2017 and 21.11.2017 and thereafter all the prosecution witnesses were examined including the present petitioner. Defence witnesses were examined and case was closed for final argument when complainant had engaged a counsel namely; Shri Subodh Parashar and when Shri Parashar was preparing the case, such application under Section 311 of Cr.P.C. was filed on 27.08.2019.