Khuman Kurmi vs The State Of Madhya Pradesh
2021 Latest Caselaw 3388 MP

                                 1                          MCRC-32508-2021
       The High Court Of Madhya Pradesh
                 MCRC-32508-2021
           (KHUMAN KURMI Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Jabalpur, Dated : 16-07-2021
      Heard through Video Conferencing.

      Shri P.S. Tomar, counsel for the applicant.
      Shri Jitendra Shrivastava, Panel Lawyer for the State.
      This application under Section 482 read with Section 439(2) of the
Cr.P.C. has been filed by the applicant being aggreived by the order

dated 19.5.2021 passed by Member, Board of Principal Magistrate,
Juvenile Court Board, Sagar where the application under Section 12 of
the Juvenile Justice Act filed by respondent Nos. 2 and 3 has been

allowed.

Learned counsel for the applicant submits that the Court below has committed error in allowing the application under Section 12 of the Juvenile Justice Act looking to the gravity of offence committed by the respondent Nos. 2 and 3. He has placed reliance on the judgments passed by the Supreme Court in the case of Om Prakash Vs. State of

Rajasthan and another reported in AIR 2012 SC 1608. In view of the aforesaid, it is prayed that the impugned order may be set aside.

I have heard learned counsel for the applicant and gone through the impugned order.

As per prosecution's case, it is alleged that on 20.4.2021at about 6:00 PM, the complainant Khuman Kurmi was going back to his home after playing cricket, when he reached near his house, he saw that his brother Mohan Kurmi was telling to Bhagirath Kurmi that you have raised wall on my land, which is wrong, then Bhagirath Kurmi started abusing him using filthy language, thereafter, Nitesh Kurmi son of Bhagirath Kurmi, who was standing there armed with an Axe, assaulted Mohan Kurmi on his head, as a result of which he sustained incised wound and blood was started oozing from his 2 MCRC-32508-2021 head. Bhagirath Kurmi also assaulted Mohan Kurmi by means of an Axe on his left ear, as a result of which he received incised wound on his left ear and Mohan Kurmi fell down. When his father Sarju Kurmi came to rescue him, then Arjun Kurmi armed with Axe, Krishna Kurmi armed with S a n g and Priyanka Kurmi armed with lathi came there and Priyanka Kurmi pushed his

father Sarju Kurmi due to which he fell down. Priyanka assaulted his father by means of lathi on his left leg, when he tried to get up, Arjun Kurmi assaulted him on his head by means of an Axe as a result of which blood was started oozing. The present applicant assaulted his father by means of a Sang but it did not hit, thereafter some other persons came there and accused went away.

Learned counsel for the applicant submits that respondent No. 2 Arjun assaulted Sarju on his head due to which Sarju Kurmi lost his memory and also lost his one eye but this contention is not corroborated by any medical evidence. Similarly, it is alleged against respondent No. 3 Priyanka that she assaulted the deceased by lathi on his left leg but the Doctor did not find any injury on the left leg of the deceased.

Considering the overall facts and circumstances of the case, I find that trial Court has not committed any error in allowing the application filed on behalf of respondent Nos. 2 and 3 under Section 12 of the Juvenile Justice Act, therefore, this application is hereby dismissed.

(SMT. ANJULI PALO) JUDGE

PB

Digitally signed by PRADYUMNA BARVE Date: 2021.07.16 18:08:01 +05'30'