S.K. Awasthi, J. - (1.)The instant criminal revision takes exception to the order dated 03.03.2016 passed in Session Trial No.212/2015 by Special Judge, SC/ST (Prevention of Atrocities Act), 1989 (in short call as "Act") Morena, whereby the trial Court has framed charges against the applicant/accused under Section 120-B of the Indian Penal Code (in short "IPC").
(2.)The prosecution story, in nutshell, is that on 10.09.2014, at around 11:00 AM, the accused persons alongwith the applicant confronted the complainants Ashok, Prakash, Raghunath, Nathuaram, Betal, Ravindra, Bhawani, Kishanprasad, Ramroop, Dharmendra, Subedar and Sunil, by hurling abuses towards them. While hurling caste based abuses, the accused persons, by conjuring unlawful assembly, forcefully caused disharmony by carrying deadly weapons and also caused simple hurt to Ashok, Prakash, Raghunath, Nathuaram, Betal, Ravindra, Bhawani. Complainants Kishanprasad, Ramropp, Dharmendra, Subedar and Sunil were caused to serious hurt by the accused persons using a lathi. Also, the complainants, Ashok, Prakash, Raghunath, Nathuram, Betal, Ravindra, Bhawani, Kishanprasad, Ramroop, Dharmendra, Subedar and Sunil were fired upon by the accused persons using gun and a "katta". It has also been alleged that the accused persons caused mischievous damage to the tractor of one Ashok Jatav. Further, the specific allegation against the applicant is that he aided and supported the commission of the crime mention above.
(3.)Learned counsel for the applicant submitted that no specific allegation has been levelled against the applicant for commission of the crimes mentioned above and the applicant was not present at the place of incident. It was also argued that the section 120-B of IPC is not an independent offence and when there is no allegation against the applicant for the offences committed by the other co-accused persons, section 120-B of IPC cannot stand alone in such circumstances.