1. This revision petition under section 397 read with section 401 of CrPC, by an accused is filed seeking quashment of charge framed for the offence punishable under section 307 read with section 120B IPC, on 8.2.2017 in sessions Trial No. 100/2016 by the Additional Sessions Judge, Neemuch.

2. The prosecution case, in brief, is that the complainant, Rajednra Jaroli in an injured condition on 28.5.2016 at about 21.30 hours gave information at the Community Hospital, Neemuch to the effect that two unknown persons armed with pistol and an iron rod reached Jaroli complex where his shop was situated and inflicted injuries with an iron rod on the knee portion of both the legs as a result he fell down, however, caught hold the pipe due to which he sustained injury on the finger of his left hand and intentionally threatened to kill by extortion uttering filthy abuses. On hearing his scream, nearby people; Manish Napavaliya, Shailendra, Porwal, Manoj Napavaliya intervened to save him. On this, the miscreants fired bullet shots outside the shop in the air and fled away on a motorcycle. Accordingly, dehati nalishi was recorded at Crime No. 0/16. Thereafter, the injured was sent to the hospital for medical examination and treatment.

Based on the aforesaid information, FIR No. 279/2016 at 23.52 hours was registered by the Police Station, Neemuch Cantt., Neemuch for the offence punishable under sections 323, 294, 506, 452, 336 and 34 IPC.

During investigation, the complainant and his witnesses have suspected that the attack was due to previous enmity over land dispute situated in Uday Vihar Colony between the complainant and Virendra pal and Maulana resident of Akhepur and his associates with an intention to kill the complainant.

After receiving secrete information during the course of investigation on 4.6.2016, Yusuf s/o Mohd. Firoz Khan resident of Neemuch was interrogated.

The accused Yusuf in his statement under section 27 of the Evidence Act (for short 'the Act') has stated to have had frequent conversation with Virendra Pal and Gyanchand Dosi (the applicant) on mobile phone. The mobile phone was seized. The CDR of Yusuf and CDR amongst Virendra Pal, Gyanchand Dosi, Karan Nema were also obtained through the Cyber Cell. Yusuf has stated that conspiracy was hatched by Virendra Pal and Gyanchand Dosi. Virendra Pal sent the shooters Rajat, Tinu alias Vajahat resident of Muzafarnagar, Pankaj Patwa resident of Pratapgarh and others. Accordingly, the accused persons were arrested.

On further investigation and information gathered from the aforesaid accused persons, the shooters, viz., Rajat son of Manoharlal Chabada resident of Gandhi Nagar, Muzafarnagar, Uttar Pradesh, Tinu alias Vajahat Khan son of Mohd. Aslam Khan Rangrej, resident of Muzafarnagar, U.P., and their associates leader Bittu alias Gauravpal alias Buldog son of Shaymveer Singh Gadariya, resident of Muzafarnagar, U.P., were arrested with the help of the local police of the State of U.P., on 10.6.2016.

The fire arm and the iron pipe used for commission of the offence were recovered from the house of Virendra Pal situated at Pratapgarh. A few more accused persons on being named by them have also been arrested.

On the statements of Karan Nema, a mobile of Nokia company No. 7400572711, Rajat - one pistol and two live cartridges, Pankaj Patwa - red colour pulsar with registration No. RJ35 SK 6440, Hero Honda Passion with registration No. RJ12 SA 5363; Tinu alias Vajahat - one iron pipe were also recovered having direct bearing on the basis of the statements referable to the persons named therein as detailed in the final report.

As such, the prosecution on the basis of statements of the accused, the evidence of cyber call details, CCTV footage and other incriminating material as well as circumstantial evidence, the following accused persons have been arrested.

(i) Yusuf on 4.6.2016

(ii) Karan Nema on 4.6.2016

(iii) Gyanchand Dosa on 5.6.2016

(iv) Bittu alias Gauravpal alias