JUDGEMENT
S.K. Palo, J. -
(1.)THIS revision under Section 397 read with 401 of Cr.P.C. is directed against the order dated 9.5.2014 passed by the Special Judge, ST / ST (Prevention of Atrocities) Act, 1989 in S.T. No. 65/2013.
(2.)THE facts just necessary for disposal of this case are -
Crime No. 267/2013 was registered on 26.7.2013 at Police Station, Dehat District Bhind for the offence punishable under Sections 324, 323, 294, 506 -B/34 of IPC against the petitioners on the report of complainant Badshah Singh.
It is alleged that at about 6 PM when the complainant Badshah Singh was at the gauda, the accused persons Deepak Singh, Jitendra Singh and Shivbeer Singh tried to fix wooden pole in the gauda of the complainant, which the complainant Badshah Singh objected. The accused Shivbeer Singh called the other accused persons to hit the complainant. Accused Jitendra Singh gave blow by Khurpi on his back and caused injury. Accused Deepak Singh gave blow by Lathi on the chest and right thigh of the complainant. Co -accused Shivbeer Singh injured him by biting on his back. When Badshah Singh shouted, Shriraj Singh and Rambeer came to the scene and rescued the complainant. All the accused persons threatened him of his life and abused obscene words.
(3.)ON this report, Badshah Singh was sent for medical examination and found one incised wound at the right side of back. A contusion was found on the back, another contusion was found on the rib and a contusion was also found on the right thigh. Injury No. 1 said to have caused by sharp and cutting object whereas the other injuries were caused by hard and blunt objects. All the injuries were said to be simple in nature, except injury No. 3. Dr. R.K. Singh, Radiologist District Hospital Bhind after examining the Xray submitted report and opined that there is fracture in 3rd Rib of right side (posterior). On the basis of which charge sheet has been filed on 5.9.2013 under Sections 324, 323, 294, 506 -B/34 of IPC and enhanced Section 326 of IPC.
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