DAYS BEFORE CONGRESS INDORE NOMINEE WITHDREW, COURT ADDED ATTEMPT TO MURDER CHARGE IN 17-YR-OLD CASE

It took 17 years and 61 hearings for a district court in Indore to frame charges of attempt to murder against the former Congress Lok Sabha candidate from Indore, Akshay Bam – a day after he filed his nomination, court records show.

Bam filed his nomination from the Congress on April 23, and was charged under section of attempt to murder in a land dispute case on April 24. On April 29, Madhya Pradesh Cabinet minister and BJP leader Kailash Vijayvargiya announced that Bam had joined the party, after withdrawing his nomination.

Nidhi Nilesh Srivastava, Judicial Magistrate (First Class) at Indore district court, who passed the order, directed Bam to be present with his father on May 10, the next date of hearing. Indore votes on May 13 in the fourth phase of the Lok Sabha elections.

The Congress has alleged Bam was under pressure to withdraw his nomination after IPC section 307 was added in the case against him.

As per court records, the incident dates back to October 4, 2007 when Bam, his father Kantilal, security agency owner Satveer Singh and two others "entered the agricultural land owned" by one Yunus Khan, "assaulted his servants, and set fire to the soybean crop”.

As per Khan's statement to the police, recorded on October 16, 2007, Kantilal instigated Satveer to open fire on him. Khan's neighbour Usman reiterated this allegation.

The prosecution had submitted to the court that the accused "are very influential, wealthy and resourceful”.

"Satveer Singh runs a security agency and was involved in illegal land grabbing activities. Accused Kantilal and his son Akshay, taking advantage of the complainant's ignorance, illiteracy and rural background, got various sale deeds executed in their favour to grab the complainant's land," the prosecutor argued.

The FIR was registered under IPC sections including 323 (voluntarily causing hurt), 506 (criminal intimidation), 148 (rioting armed with deadly weapon), 149 (unlawful assembly) and 435 (mischief by fire or explosive substance). The chargesheet was filed on February 24, 2014. During the trial, Satveer passed away and another accused, Sohan, was declared an absconder.

Bam's family filed a counter-complaint against Yunus under sections of dacoity, but the court dropped the charge due to lack of evidence. In 2022, Yunus filed an application before the court to engage another lawyer to assist the prosecution. Bam's lawyers argued that for 17 years, the complainant "did not take any action regarding the case" and was pursuing it now for the "purpose of harassment”. The court however allowed the complainant's plea.

Yunus, in his statement to the police, alleged that while returning to his field, Bam, Kantilal Satveer and other armed men intercepted him. Kantilal, he alleged, said, "This is Yunus, shoot him.”

"Satveer Singh opened fire, but my associate grabbed my hand and pulled me, due to which the bullet missed me," Yunus's statement read.

The police had seized a "12 bore gun and one cartridge (which was fired) from the spot”.

In its April 24 order, the court noted that Satveer fired at the complainant, which "could have killed Yunus" and a "case of murder could have been registered against them", hence an attempt to murder case was attracted.

"If the gunshot fired by the accused had killed Yunus, a case of murder could have been registered against them. Hence, in the circumstances of the case, the offense under section 307 IPC is prima facie made out against the accused," the court observed.

In his election affidavit, Bam had disclosed that there were two other cases pending against him. The first FIR was registered in 2018 in connection with a rash driving case, and Bam is not named in it. Charges have been framed in this case, but the order has not been uploaded by the court concerned.

In the second case, in 2022, a private complaint was registered against Bam in another land dispute case being heard by a court in Indore. Charges have not been framed in this case.

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2024-04-30T14:24:19Z dg43tfdfdgfd