Judgment:
CRR No.664/2008 Criminal Revision No.664/2008 15.3.2013 Shri Ajay Tamrakar, Panel Lawyer for the State/applicant.
None for the respondents.
Heard on I.A.No.17232/2012, an application for condonation of delay in filing the present revision.
Application is allowed.
Delay in filing the present revision is hereby condoned.
Also, heard on admission.
The State has challenged the order dated 20.7.2006 passed by the learned Third Additional Sessions Judge, Betul in S.T.No.64/2005, whereby the respondents were discharged from the charges of offence punishable under sections 307 and 395 of IPC and the case was directed under section 228 of the Cr.P.C.for trial of the remaining offences.
The prosecution's case, in short, is that, on 18.7.2008, an FIR was lodged by Forest officials that on 17.7.2008 they went for some raid at village Ghorpad.
Thereafter, the respondents surrounded the forest and police officials and assaulted them.
Their vehicles were also broken.
Initially a case was registered for offence punishable under sections 147, 148, 149, 332, 353, 395, 427 of IPC.
CRR No.664/2008 Thereafter, offence punishable under section 307 of IPC was also added.
After considering the submissions made by the learned Panel Lawyer and considering the evidence collected by the police, there is no allegation that the respondents robbed anything from the victims and therefore, the trial Court has rightly observed that offence punishable under section 395 of IPC is not made out.
Similarly, it was found that the respondents assaulted the victims but, they were not intended to kill them.
No fatal injury was caused to any of the victiMs.Under such circumstances, the trial Court has rightly observed that no offence punishable under section 307 of IPC shall constitute against the applicants.
Hence, no illegality of perversity is visible in the impugned order passed by the learned Third Additional Sessions Judge, Betul.
There is no basis by which the present revision can be accepted.
Consequently, the present revision filed by the State is hereby dismissed at motion stage.
A copy of the order be sent to the learned Third Additional Sessions Judge as well as to the Court, where the case is presently tried for information.
CRR No.664/2008 (N.K.GUPTA) JUDGE Pushpendra