Order on Board

08.11.2023

1. By this petition, the petitioner seeks setting aside of the order dated

19.06.2023 passed by the learned 1st Additional Sessions Judge, Manendragarh, District Koriya, in Sessions Trial No. 62/2021 whereby the learned Sessions Judge has framed charges under Section 147, 307/149, 294, 506-II, and 201/149 of the Indian Penal Code.

2. The facts, in brief, as projected by the petitioner are that the respondent no.

2 who claims to be a social worker, lodged a complaint on 04.05.2020 that one Pramod Agarwal and some other person have encroached upon the Government land belonging to graveyard in Manendragrah. When the complainant visited the Mukti Dham and was taking picture of the constructions made there on his mobile, at that time, one lady came and and told worker to stop the work and run quickly. The woman came with a stick and started shouting that it is my land and who was he to stop the work, hence the complainant started his motor cycle and when he reached near the quarter of the Watchman, Pramod Agarwal and his son and a lady came along with 3-4 persons using filthy language assaulted the complainant with a stick on his hand as a result of which, he fell down, Thereafter, others assaulted by hands and fists. The complainant went to the hospital for treatment and after receiving the information, offence has been registered under Sections 147, 148, 149, 294, 506 and 307 of Indian Penal Code against the petitioner and seven other accused persons being Crime No. 152/2020 at Police Station Manendragarh, District Koriya.

3. During the investigation, the MLC report has been prepared at Government Hospital, Manendragarh and as per the report, complainant has suffered 3 injuries (1) fracture dislocation of left upper limb inflicted by blunt force, hand rough object grievous in nature 3 to 6 hours old (ii) dislocation suspected right shoulder and elbow inflicted by blunt force trauma (iii) lacerations on upper forehead and upper saggital mid-part of scalp 1 cm x

0.2 cm 3-6 hours old simple in nature inflicted by hand and rough object.

4. That after the MLC, the complainant was referred to Ram Krishna Hospital, Raipur for better treatment where the complainant was imparted medical treatment and also at AIIMS Raipur and as per the medical report of AIIMS Raipur and Ram Krishna Care Hospital, the injuries sustained to the complainant were not sufÏcient to cause death of the complainant. On the basis of the medical papers relating to the complainant i.e Bed Head Ticket, CT Scan Report, X-Ray Plate were sent by the Investigating OfÏcer (for short, the I.O.) per query report to the Medical OfÏcer, Community Centre, Manendragarh, District Korea and after examination of reports and investigation report, the Medical OfÏcer has opined that the complainant has sustained injures on left lower limb, right upper limb, right scapula, and left upper limb and injuries are grievous in nature but the Medical OfÏcer has not opined that whether injuries sustained to the complainant are sufÏcient to cause death in its ordinary course.

5. Mr. Abhishek Sinha, learned Senior Advocate for the petitioner submits that the I.O. has not obtained any medical opinion or collected any evidence which demonstrates that the injuries sustained to the complainant are sufÏcient to cause death of the complainant in normal circumstances. In the FIR and the statement under Section 161 of Cr.P.C and supplementary statement, the role attributed to the petitioner that she came from graveyard with a stick and only said that the land belongs to her and who was the complainant to stop the work, no further act has been done by the petitioner to assault the complainant. There is no material to suggest that she was part of unlawful assembly or that she did any act which may constitute offence of 148, 149, 294, 506, 307, 201, 212 and 325 of Indian Penal Code. The IO filed a final report before the Judicial Magistrate 1st Class, Manendragarh for offences punishable