Madhya Pradesh High Court
Bhagwat Singh Raghuwanshi vs The State Of Madhya Pradesh on 20 July, 2023
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 20 th OF JULY, 2023
MISC. CRIMINAL CASE No. 14480 of 2023
BETWEEN:-
1. BHAGWAT SINGH RAGHUWANSHI S/O KAMAL
SINGH, AGED ABOUT 64 YEARS, VILLAGE
PANWADI HAT ARON (MADHYA PRADESH)
2. BRAJESH RAGHUWANSHI S/O SHRI KAMAL
SINGH, AGED ABOUT 49 YEARS, VILLAGE
PANWADI HAT ARON GUNA (MADHYA PRADESH)
3. RAMKRISHAN RAGHUWANSHI S/O SHRI KAMAL
SINGH, AGED ABOUT 50 YEARS, VILLAGE
PANWADI HAT ARON (MADHYA PRADESH)
4. VICKY RAGHUWANSHI S/O SHRI RAMKRISHAN,
AGED ABOUT 28 YEARS, VILLAGE PANWADI HAT
ARON (MADHYA PRADESH)
5. DHARMENDRA RAGHUWANSHI S/O SHRI
BHAGWAT, AGED ABOUT 33 YEARS, VILLAGE
PANWADI HAT ARON (MADHYA PRADESH)
6. BHASKAR RAGHUWANSHI S/O SHRI LALJIRAM,
AGED ABOUT 55 YEARS, VILLAGE PANWADI HAT
ARON (MADHYA PRADESH)
7. VISHAL RAGHUWANSHI S/O BHUPENDRA, AGED
ABOUT 19 YEARS, VILLAGE PANWADI HAT ARON
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI ARVIND DUDAWAT, LEARNED SENIOR COUNSEL WITH SHRI
ANSHUMAN DUDAWAT, LEARNED COUNSEL FOR APPLICANTS)
AND
1. THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
ARON (MADHYA PRADESH)
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 7/22/2023
12:06:58 PM
2
2. SHIVAM RAGHUWANSHI S/O VIRENDRA
RAGHUWANSHI, AGED ABOUT 26 YEARS,
VILLAGE PANWADI HAT ARON (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRAMOD PACHORI, LEARNED PUBLIC PROSECUTOR FOR
RESPONDENT NO.1/STATE AND SHRI H.S. RANA, LEARNED COUNSEL
FOR RESPONDENT NO.2)
This application coming on for admission this day, the court passed the
following:
ORDER
The inherent powers of this Court under Section 482 of CrPC are invoked for quashing the addition of offence of Section 307 of IPC against the petitioners in the FIR registered at Crime No. 328/2022 at Police Station Aron District Guna.
In brief facts of the case are that on 08.07.2022 at 11:07 am complainant Shivam Raghuvanshi alongwith his uncle Ramnath Singh lodged a report with police official at Primary Health Center Panwadihaat alleging that today morning his uncle Ramnath and brother Shyam were going to cast vote by motorcycle. Near the shop of Bhura Raghuvanshi, accused Brajesh Raghuvanshi, Ramkrishan Raghuvanshi and Vikky Raghuvanshi intercepted their motorcycle and due to previous enmity and started abusing them with filthy languages. Complainant also reached there. When brother Shyam objected to the abuses, then accused Brajesh assaulted him with Danda which hit on the head of his uncle Raghunath Singh due to which blood started oozing. Thereafter accused Vikky assaulted with Danda which hit on the head of Shyam due to which blood started oozing. Accused Bhaskar, Bhupendra Raghuvanshi and Dharmendra Raghuvanshi came. Accused Bhaskar assaulted with Danda which hit on the back side of the head of uncle Ramnath due to which blood started Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 7/22/2023 12:06:58 PM 3 oozing. When the complainant came to save, accused Bhagwat Singh, Bhupendra and Sonu Raghuvanshi came running and all of them did marpeet with him by means of Danda. When Ramkrishan Raghuvanshi came to save, then Vishal Raghuvanshi assaulted his uncle Ramkrishan with Danda due to which he sustained injuries on his hands and legs. Ramkrishan Raghuvanshi sustained injuries on head and different parts of the body. All the accused persons did marpeet with the complainant, his brother Shyam Raghuvanshi, uncle Ramnath Raghuvanshi and Ramkrishan Raghuvanshi by means of Danda. Hariom Raghuvanshi, Deepak Raghuvanshi and other persons saved them and saw the incident. On his report, Dehati Nalishi No. 0/22 of the offence punishable under Section 323, 324, 341, 294, 506, 34 of IPC was recorded. On the basis of Dehati Nalishi, FIR bearing crime No. 328/2022 for the offence punishable under Sections 323, 324, 341, 294, 506, 34 of IPC was registered against accused persons. Injured were sent for medical examination. In CT scan report, fracture was found on the head of injured Shyam Raghuvanshi. The Doctor opined that the injury sustained by injured Shayam Raghuvanshi is fatal to life. Hence, offence punishable under Section 307 of IPC was enhanced against the applicants.
Learned counsel for the applicants submits that the injured persons were sent to medical examination to Government Hospital Panwadi Hat, and in medical examination all injuries were found to be simple. However, injured were referred to District Hospital Guna where x-ray examination of injured was made but no bony injury was found on his body. Thereafter he was undergone C.T. scan of brain on different dates but nothing abnormal was found. Thereafter he was referred to J.A. Group of Hospital Gwalior but nothing abnormal was found but respondent with help of his relative police official managed for Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 7/22/2023 12:06:58 PM 4 obtaining an opinion dated 06.11.2022 to the effect that injuries sustained by injured Shyam are grievous in nature and are dangerous to life, thereafter offence punishable under Section 307 of IPC was enhanced and charge-sheet was filed including Section 307 of IPC. To bolster his submissions learned counsel for the applicants has relied upon the decision of decision of Single Bench of this Court rendered in Ajmer Singh Tomar Vs. Raghuraj Singh Tomar & ors. 1995 JLJ 677 and Sobran Singh Vs. State of M.P. 1995 Vol. 2 MPWN 160.
Learned Public Prosecutor for State and learned counsel for the complainant opposed the submissions made by learned counsel for the applicants and prayed for rejection of this petition by submitting that under Section 482 of CrPC, this Court is not expected to sift the evidence rather it is required to be seen whether prima facie offence punishable under Section 307 of IPC exists against the accused or not. In the instant case, there is ample evidence on record to suggest that the accused made a serious attempt of causing injury to the injured Shyam. The attention of this Court is invited to the provision contained in Section 307 of IPC to demonstrate that any injury caused with an intention or knowledge on person of another person is punishable under Section 307 of IPC.
Heard learned counsel for the parties and perused the record. The inherent powers of this Court under Section 482 of Cr.P.C. although is vast and wide however, it has to be exercised sparingly only when the situation demands the interference of this Court. The jurisdiction under Section 482 of Cr.P.C. can be invoked by this Court in order 'to do justice' and also 'to undo injustice'. This principle has been expanded to say to prevent abuse of Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 7/22/2023 12:06:58 PM 5 process of any court and also to secure ends of justice. These are the basic principles upon which the inherent jurisdiction has to be exercised by this Court. The parameters and the guidelines are available with regard to the exercise of inherent jurisdiction in Bhajanlal Vs. State of Haryana AIR 1992 SC 604 more particularly in paragraph 102, the Apex Court has laid down the principles but they are illustrative in nature and not exhaustive.
While exercising its jurisdiction under Section 482 of CrPC, this Court cannot be expected to do the work of trial Court. This court cannot be a substitute for the trial Court. Sifting of evidence, appreciation of evidence, analysis of evidence, weightage of evidence are matters ought to be considered by the trial Court and are ought not to be considered by this Court in its jurisdiction under Section 482 of CrPC.
In this case, the abuse of process of the court sought for upon certain grounds which are matters to be considered by the trial Court on appreciation of evidence.
A bare perusal of the documents on record, this Court is satisfied that there is enough material on record to enhance the offence punishable under Section 307 of IPC.
In view of above, this petition is dismissed. However, the applicants are at liberty to raise the very same grounds raised herein as a defence plea before the trial Court at the appropriate stage of the case and the trial Court will consider the same in accordance with law.
(DEEPAK KUMAR AGARWAL) JUDGE ojha Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 7/22/2023 12:06:58 PM 6 Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 7/22/2023 12:06:58 PM