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2012 Supreme(Raj) 284

R.S.CHAUHAN
Sukhdev Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
S.S. Dhillon, for Petitioners;
A.R. Nikub, Public Prosecutor, for State;
O.P. Rathi, for Respondent No.2

Hon'ble CHAUHAN, J.—The present petition is filed against the order dated 16.12.2011 passed by Additional Sessions Judge, Sri Karanpur, District Sri Ganganagar, whereby the learned Judge has issued process against the petitioners and against one Gurmukh Singh, while invoking his power under Section 319 Cr.P.C.

2. Briefly, the facts of the case are that complainant Baljeet Kaur lodged a report against petitioners and others at P.S. Gajsinghpur, District Sri Ganganagar on 27.08.2007 wherein she claimed that on 26.08.2007 at 11:00 PM the accused-petitioners and one Gurmukh Singh came armed with weapons and had taken away with them Sukhpal despite her resisting. Gagandeep went behind them and saw the accused persons giving beating to Sukhpal and narrated the whole incident to her. In the morning, dead body of Sukhpal was found. On the basis of said report, FIR was lodged and police filed chargesheet against Bhupinder Singh and submitted Final Report against petitioners. During trial, the prosecution examined its witnesses. Thereafter, the complainant, Baljeet Kaur, moved an application under Section 319 Cr.P.C. and the trial Court has taken taken cognizance against the petitioners vide























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