M.R.SHAH.J. - (1.) Criminal Appeal No. 349 of 2019 A two Judge bench of this Court vide its order dated 08.09.2017, in view of the apparent conflict between the two decisions of this Court in the cases of Narinder Singh vs. State of Punjab (2014) 6 SCC 466 and State of Rajasthan vs. Shambhu Kewat (2014) 4 SCC 149, has referred the matter to a Bench of three Judges, and that is how the matter is placed before a Bench of three Judges. 1.1 Vide order dated 19.11.2018, since the same question of law is involved, this Court tagged the connected appeal with the main appeal.
(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 7.10.2013 passed by the High Court of Madhya Pradesh, Bench at Gwalior in Miscellaneous Criminal Case No. 8000/2013, by which the High Court has allowed the said application, preferred by the respondents herein/original accused (hereinafter referred to as the 'Accused'), and in exercise of its powers under Section 482 of the Code of Criminal Procedure, has quashed the proceedings against the accused for the offences punishable under Sections 307 and 34 of the IPC, relying upon the decision of this Court in the case of Shiji @ Pappu and others vs. Radhika and another (2011) 10 SCC 705, the State of Madhya Pradesh has preferred the present appeal. 2.1 Office report dated 18.08.2017 indicates that service of show cause notice on the respondents is complete, and respondent nos. 1 to 3 are represented by Ms. Mridula Ray Bhardwaj, Advocate, but during the course of hearing, nobody appeared for the respondents.
(3.) The facts leading to this appeal are, that an FIR was lodged against the respondents herein and two unknown persons at Police Station Raun, District Bhind, for the offences punishable under Sections 307 and 34 of the IPC, which was registered as Crime No. 36/13. It was alleged that on 03.03.2013 at about 9:30 p.m., the complainant - Charan Singh, who is an operator of LNT machine is extracting sand of Sindh River at Indukhi Sand Mine and at that time firing from other side of river started and the counter firing from this side also started then he heard that take away your machine from here. It is alleged that some people came there from which Sanjeev (respondent no.2 herein), Lature (respondent no.1 herein), Sant Singh (respondent no.3 herein) and two unknown persons came near to the complainant and his machine and told him to run away, then somebody told to Sanjeev (respondent no.2 herein) to fire and then Sanjeev fired on the complainant and then they ran away. The complainant fell from the machine. The bullet hit the complainant on elbow of right hand. Somehow the complainant managed to reach the village and a person called a car and admitted the complainant in District Hospital. 3.1 That on 04.03.2013, the duty doctor in the District Hospital informed the police and on the basis of the statement of the complainant, a Dehati Nalishi bearing No. 0/13 was registered under Sections 307 and 34 of the IPC. 3.2 That the medical examination of the injured complainant was conducted at District Hospital and five injuries were found on his body and injuries nos. 1 to 4 were opined to be caused by fire arm and injury no.5 was advised for x-ray. 3.3 That on 05.03.2013, the police reached on the spot and prepared spot map; statement of witnesses were recorded under Section 161 of the Cr.P.C. and the police seized simple soil, blood stained soil and other articles from the spot of the incident and prepared their seizure memos. 3.4 That the accused filed Miscellaneous Criminal Case No. 8000 of 2013 under Section 482 of Cr.P.C. before the High Court of Madhya Pradesh, Bench at Gwalior for quashing the criminal proceedings against the accused arising out of the FIR, on the sole ground of a compromise arrived at between the accused and the complainant. ;