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2021 Supreme(MP) 560

SUBODH ABHYANKAR
Alkesh – Appellant
Versus
State of M. P. – Respondent


Advocates:
Gaurav Laad for appellants; A.S. Parihar, Panel Lawyer for respondent/State; Harshwardhan Pathak for objector.

ORDER

1. Appellants have preferred this appeal under section 14A of the SC/ST (Prevention of Atrocities) Act, 1989 read with section 374 of Cr. P.C. against the order dated 14.10.2016 passed in SST No.20026/2016 whereby the learned Judge of the trial Court has framed the charges against the appellants under sections 147, 149, 294, 323, 506(2) of IPC and under section 3(2) (va) of the SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter, ‘the SC/ST Act’).

2. The facts giving rise to the present appeal are that on 12.4.2016, a dispute took place between the appellants and the complainant Jagdish when they had gone to the well of Hukum Patel for immersing the Gangor Mata. In the FIR, it is alleged that there were several people of all the religion and the dispute started as the complainant Jagdish was got pushed by the appellant No.1 Alkesh in the crowd and as the complainant objected to the appellant No.1 Alkesh, he and other accused persons started beating him and when the other persons also came, they were also assaulted. Initially the case under sections 294, 323, 506 and 34 of the IPC was registered, however, on the basis of the statement recorded by the witness after more th

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