SUNEEL Vs. STATE OF M P

JUDGEMENT

(1.) The petitioners have preferred this criminal revision under Section 397/301 of the Cr.P.C against the order dated 17.07.2015 passed by the Fourth ASJ, Jabalpur, in S.T. No.245/15, whereby each petitioner has been charged for the offences punishable under Sections 294, 323 (on three counts), 326, 322 (on four counts) and 452 of the IPC.

(2.) According to prosecution's case, two other co-accused are child, thus, against them charge-sheet has been filed before the Juvenile Justice Board.

(3.) According to prosecution's case, on 06.03.2015 at 22-30 (8:30 PM), the reporter Mukesh Patel lodged an FIR at police station Adhartal that just before half hour, due to festival of Holi, his brother-in-law Golu alias Ashish Patel with his friend Ajay Vishwakarma has came to his house in Patel Nagar, Maharajpur. They were mutual talking, then present petitioner Sunil Fransis, his son Simao Fransis, petitioner Robin Fransis and Jordan Fransis entered into his house having sticks and knife and all the four accused persons were giving abuses to the reporter and gave beating to the reporter Mukesh, Arjun Patel and Ashish Patel alias Golu. At the time of incident Sunil was threatening to kill them. Reporter Mukesh received injuries on his forehead above the left eye and on his upper lip and elbows of both of his hands. His brother-in-law Golu alias Ashish received injuries on his right eyebrow and in a finger of right hand and Ajay Vishwakarma received injuries on his head and waist. On FIR crime No.178/2015 was registered for the offences punishable under Sections 452, 294, 506, 306 and 34 of the IPC. Four injured persons Mukesh Patel, Arjun Patel, Ashish alias Golu and Ajay Viswakarma were sent for medical examination to Victoria Hospital, Jabalpur. Swelling on the left eye and three other injuries were found on the body of reporter Mukesh, which all were caused by hard and blunt object and on the body of Arjun single injury caused by hard and blunt object of simple nature was found. On the body of Ashish alias Golu three injuries, all caused by hard and blunt object and on the body of Ajay Vishwakarma two lacerated wound caused by hard and blunt object were found. During investigation, according to bed head ticket issued by Anant Institute of Medical Science, Jabalpur, on CT Scan examination, grievous injuries of fractures of nasal bone and zygomatic bone of the reporter Mukesh were found, thus the charge-sheet was filed in the Court of JMFC concerned, adding the offence punishable under Section 326 of the IPC. The case was committed by the Magistrate to the Sessions Court, from where it was transferred to the Fourth ASJ, Jabalpur.