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1991 Supreme(Raj) 534

RAJASTHAN HIGH COURT
B.R.Arora, J.
Gurjant Singh and Ors. - Appellant
Versus
The State of Rajasthan - Respondent
S.B. Criminal Miscellaneous Petition No. 31 of 1991.
Decided On : 7-02-1991

Advocates:
For the Petitioner:H.S.S. Kharlia, Advocate.
For the Respondent: D.R. Bohra, Public Prosecutor.

At the time of framing charges, the court is required to consider the broad aspect of the case and determine whether there is prima facie evidence to justify the charges. A strong suspicion at this stage is sufficient to frame a charge, and the court should not engage in a detailed examination of the evidence at this stage.

Headnote:

CRIMINAL PROCEDURE CODE - SECTION 482 - FRAMING OF CHARGES - IDENTIFICATION PARADE - SUFFICIENCY OF EVIDENCE - SCOPE OF JUDICIAL REVIEW UNDER SECTION 482 CRIMINAL PROCEDURE CODE.

Fact of the Case:

The petitioners were charged with offences under Sections 148, 452, 323, and 325/149 of the Indian Penal Code (IPC) for allegedly assaulting and robbing the complainant in his shop. The petitioners challenged the framing of charges against them, arguing that their names were not mentioned in the First Information Report (FIR) and that the evidence against them was insufficient.

Finding of the Court:

The court held that the identification parade was conducted and the petitioners were identified by the complainant. The court also found that the complainant had named one of the petitioners in his statement and that he was personally known to the witnesses, making identification unnecessary. The court further held that the FIR specifically mentioned that the accused, along with others, entered the shop and committed the offences, and that there was sufficient evidence on record to justify the framing of charges against the petitioners.

Issues: 1. Whether the petitioners' names needed to be mentioned in the FIR for charges to be framed against them. 2. Whether the evidence against the petitioners was sufficient to justify the framing of charges.

Ratio Decidendi: 1. The court held that the absence of the petitioners' names in the FIR was not fatal to the framing of charges against them, as the FIR specifically mentioned that the accused, along with others, committed the offences. 2. The court held that the evidence on record, including the identification parade, the complainant's statement, and the witnesses' testimony, was sufficient to justify the framing of charges against the petitioners.

Final Decision: The court dismissed the petitioners' petition, holding that the learned Magistrate had not committed any illegality in framing the charges against them.

JUDGMENT

1. - This miscellaneous petition is directed against the order dated October 8, 1990, passed by the Munsif and Judicial Magistrate, Sadulsahar, by which the learned Magistrate framed the charges against the petitioners under Sections 148, 452, 323, 325/149 Indian Penal Code.

2. Jagroop Singh, on April 19, 1987, lodged a First Information Report at Police Station, Sadulsahar (district Sri Ganganagar) against Gurjant Singh, Hakam Singh and Lala Ram and ten-fifteen other persons. It was alleged in the report that he is a tenant in shop No. 23 for the last three years and the shop belongs to Rewat Ram. He is paying rent to Rewat Ram, but he is not giving any receipt and wanted to get the shop vacated. Today, at about 12.30 p.m., when he was sitting in his shop alongwith Basant Singh, Dooda Singh and Hakam, at that time, accused Rewat Ram, Mangi Lal and Saheb Ram alongwith ten-fifteen other persons out of whom four were armed with 12 bore guns, two were armed with 12 bore pistols and the remaining were carrying lathis, Gandasi etc., came in a jeep, entered in the shop and gave beatings to him and by making fire, threatened the other persons not to interfere; threw the goods out of the shop and took away Rs. 1000/- in cash and one cash box. The police registered the case under Sections 382, 448, 323, 147, 148, 149 and 336 Indian Penal Code and Section 27 of the Indian Arma Act. The police after necessary investigation, presented the challan against the accused Om Prakash, Harji Ram, Rewat Ram, Gurjant Singh, Hakam Singh and Lala Ram. The learned Magistrate, therefore, after giving an opportunity of hearing to the accused persons, by his order dated October 8, 1990, framed the charges under Sections 148, 452, 323 and 325/149 Indian Penal Code, against the accused-petitioners. It is against this order that the present petition under Section 482 Criminal Procedure Code has been filed.

3. I have heard the learned Counsel for the petitioners and the learned Public Prosecutor.

4. It is contended by the learned Counsel for the petitioners that the names of the petitioners do not find place in the First Information Report and no witness except Kishan Lal, implicates the petitioners, who was examined after sometime and his last contention is that the ingredients of the charges framed against the petitioners are not complete. He, therefore, prayed that the order dated October 8, 1990, passed by the learned Magistrate, framing the charges against the petitioners may be quashed. The learned Public Prosecutor, on the other hand, has supported the order framing the charges against the petitioners, passed by the learned Magistrate.

5. I have considered the rival submissions made by the learned Counsel for the parties and perused the record of the case.

6. At the out-set, I may mention that so far as the accused Gurjant Singh and Lala Ram are concerned, identification parade was held and they were identified by the complainant. Regarding Hakam Singh, suffice it to say that he was personally knwon to the witnesses and in his statement the complainant has named him and, therefore, his identification was not required. So far as the question of not naming-out these accused persons in the First Information Report is concerned, suffice it to say that in the FIR the complainant has specifically stated that accused Rewat Ram, Mangi Lal and Saheb Ram alongwith ten-fifteen other persons entered in the shop and gave beatings and took away the goods and cash from the shop and they were armed with deadly weapons like guns, pistols and lathis etc. After a careful reading of all the evidence, placed on recorded by the parties, I am of the view that prima facie a case for framing the charges against the petitioners for the offences mentioned above, has been made out. At the time of framing the charges, one has to simply see the broad aspect of the case and the close scrutiny of the evidence is not required to be made at this stage. Even a strong suspicion at t





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