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2016 Supreme(Raj) 412
IN THE HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Mahesh Chandra Sharma, J.
Sant Ram and others - Petitioners
Versus
State of Rajasthan - Respondent
Criminal Revision Petition No. 109 of 2016
Decided On : 03-02-2016
Advocate Appeared:
For the Petitioners: Mr. Ashvin Garg
For the State : Mr. R.S. Shekhawat
For the Complainant : Mr. Mahendra Goyal
Headnote:
Indian Penal Code Sections 147, 148, 323 and 302/149 –First Information Report – These persons assaulted on the head and on hands and legs and other parts of body. He was working at nearby well. And when he went there for rescue, these persons gave beating to him from lathis and also gave fists and slaps. Hearing noise, from neighbouring field Inderaj Gurjar who was driving tractor and other persons rushed to the spot and rescued them – These persons are keeping political enmity with his grand father and family for this reason they caused beating. On the basis of this written report, police registered an FIR for offences –Held, merely on the ground that names of accused persons were mentioned in the FIR, it would not be proper to frame charges against them unless the allegations are corroborated from any other independent evidence – Per-contra learned PP assisted by Mr. Mahendra Counsel have opposed the aforesaid submissions and submitted that the trial court framed the charges against the accused petitioners on the basis of the material made available to it Thus, the trial court has not committed any material illegality or irregularity in passing the order of framing the charge against the accused petitioners – Court have heard learned counsel appearing for the respective parties and carefully scanned the entire material made available to me – Revision petition is accordingly dismissed.
Mahesh Chandra Sharma, J.
This revision petition has been filed by the accused petitioners against the order dated 8.1.2016 passed by the Addl. Sessions Judge, Neem-ka-Thana, (‘the trial court' for short hereinafter) in Sessions Case No. 32/2015 by which charges have been framed against the petitioners for the offences u/S. 147, 148, 447 and 302/149 IPC.
2. The brief facts of the case are that on 9.6.2011, Mahesh Kumar submitted a written report to the SHO, Police Station, Patan in which he has stated that on 9.6.,2011 at 12 noon his grand father Bhagwana Ram was sleeping in the field under a Neem tree. Then about 30-35 men and women namely; Madan alias Manoj son of Bhoma Ram, Gopi Chand son of Bhoma Ram, Sant Ram son of Ramlal, Birdi Chand son Bhura Ram, Laxminarain son of Chhaju Ram, Rakesh son of Jagdish, Mahaveer son of Sant Ram, Rajesh son Hiralal, Kashi Ram son of Birdi Chand, Hawa Singh son of Ram Kuwar, Mali wife of Pooranmal, Gyan Chand son Chhaju Ram, Dharam Pal son Chhaju Ram, Mahipal son Kailash, Ramli w/o Santaram, Mahipal son Kailash, Ramli w/o Santaram, Rajesh son of Kailash , Sanjay son of Pooran, Jenendra son of Bhoma Ram, Ramswaroop son of Bhoma Ram, Sandeep son of Ramswaroop, Jai Singh son of Pooran, Ramesh son of Ramlal, Ruda Ram son of Bhuraram, Ramkuwar son of Bhurarm, Gajendra son Chhajuram, Chhajuram son of Ramlal, Pooran son of Ramdhan, Lila Ram son of Ramdhan, Vikram son of Lila Ram, Moolchand son of Hiralal having Barchhi, lathis, axe and sharp weapons came there and soon after they started beating his grand father. These persons assaulted on the head and on hands and legs and other parts of body. He was working at nearby well. And when he went there for rescue, these persons gave beating to him from lathis and also gave fists and slaps. Hearing noise, from neighbouring field Inderaj Gurjar who was driving tractor and other persons rushed to the spot and rescued them. These persons are keeping political enmity with his grand father and family for this reason they caused beating. On the basis of this written report, police registered an FIR No. 122/2011 for offences under sections 147, 148, 323 and 302/149 IPC.
3. After Investigation, Police submitted charge-sheet against accused Madan @ Manoj for offence under Section 302 and 447 IPC and the investigation was kept pending under Section 173(8) Cr.P.C. against other persons named in the FIR.
4. The trial was held against accused Madan @ Manoj for above offences in Sessions case No. 14/2011 and vide judgment dated 10.03.2015 passed by the learned Additional Sessions Judge, Neem-ka-thana, accused Madan @ Manoj was convicted for offences under Section 304 Part-I, IPC and Section 447 IPC and for offence under Section 304 Part-I, IPC he was sentenced for seven-years R.I., and for offence under Section 447 he was sentenced for three months R.I. Madan @ Manoj filed an appeal bearing number as S.B. Criminal Appeal No. 234/2015 against the judgment dated 10.03.2015 before this Court which is pending.
5. During the course of further investigation, complainant filed affidavit/affidavits his some of relatives before the Investigating Officer.
6. After that complainant filed S.B. Qriminal Misc. Petition No. 2209/2011. On 29.08.2011 an interim order was passed directing Director General of Police that investigation of the matter to be conducted by an Officer not below the rank of Additional Superintendent of Police, under his supervision and thereafter, the said petition was disposed of. Thereafter, complainant filed another S.B. Criminal Misc. Petition No. 597/2013 and this Court vide interim order dated 19.03.2013 directed the Police to submit charge-sheet against remaining nine accused persons within three weeks. The said order was challenged by nine accused persons including the petitioner before Hon’ble the Supreme Court. The Special Leave to Appeal No. 3156/2013 with Criminal Misc. Petition No. 7513/2013 was called for hearing on 24.03.2015. The Hon’ble Su
