Advocates:
['KANTI LAL THAKUR', '', 'MOOL SINGH PANWAR', 'PP', 'DEVENDER SINGH THIND', 'SAPNA VAISHNAVSANDEEP KUMAR']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Revision Petition No. 602/2021

1.

Mahendra Singh S/o Shri Hajara Singh, Aged About 86

Years, B/c Jatsikh, R/o 71 Rb, Tehsil And Police Stataion

Raisinghnagar, District Sri Ganganagar.

2.

Karaj Singh S/o Shri Gajan Singh, Aged About 65 Years,

B/c Jatsikh, R/o 2 Lc Dhani, Tehsil And Police Station

Raisinghnagar, District Sri Ganganagar.

3.

Kuldeep Singh S/o Shri Gajan Singh, Aged About 70

Years, B/c Jat Sikh, R/o 6 Lc, Police Station Jaitsar At

Present Residing At 2 Lc Dhani, Tehsil And Police Station

Raisinghnagar, District Sri Ganganagar.

----Petitioners

Versus

1.

State Of Rajasthan, Through Pp

2.

Nanak Singh S/o Shri Mohan Singh, B/c Jatsikh, R/o 9 Ps,

Police Station Muklawa, District Sri Ganganagar.

----Respondents

For Petitioner(s)

:

Mr. Kanti Lal Thakur

For Respondent(s)

:

Mr. Mukesh Trivedi PP

Mr. D.S. Thind

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Judgment

Reserved on 13/04/2022

Pronounced on 20/04/2022

1.

In the wake of instant surge in COVID – 19 cases and spread

of its highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in the Court, for the safety

of all concerned.

2.

This criminal revision petition under Section 397 read with

Section 401 Cr.P.C. has been preferred against the order dated

26.07.2021 passed by learned Additional Sessions Judge,

(2 of 8)

[CRLR-602/2021]

Raisinghnagar, District Sriganganagar in Criminal Misc. Case

No.13/2017 (CIS No.13/2017), framing charges against the

present accused-petitioners for the offences under Sections 308,

447, 427, 341, 323 & 325 read with Section 34 IPC.

3.

Learned counsel for the accused-petitioners submits that on

04.07.2016,

the

respondent

No.2-Nanak

Singh

(injured/complainant), while undergoing treatment at Community

Health Centre, Sri Ganganagar, gave a parcha bayan to the police,

alleging therein that on that date at about 12 o’clock, his son and

his nephew, alongwith the injured/complainant were doing work in

his agricultural field. At that time, some persons, including the

present accused-petitioners entered the agricultural field of the

complainant, and accused-Mahendra Singh, who was carrying

pistol in his hand, fired upon the son of the injured/complainant,

while using abusive language, with an intention to kill him; but

somehow his son managed to save his life. Thereafter, when the

son of the injured/complainant rushed towards his jeep and

started the same, the accused persons surrounded the same,

whereupon accused-Balvinder Singh, with an intention to kill the

injured/complainant’s son opened gunfire, and the pellet whereof

hit his lips, resultantly blood started oozing. It was further alleged

that accused-Kuldeep Singh was amongst the persons, who

attacked the jeep of the complainant and broke the windshield

thereof. It was also alleged that thereafter, many acts were done

by the accused persons, with a clear intention to kill the

complainant party.

4.

Learned counsel for the accused-petitioners submits that on

the basis of the aforementioned information, an FIR bearing

No.117/2016 was registered at Police Muklawa, District Sri

(3 of 8)

[CRLR-602/2021]

Ganganagar for the offences under Sections 307, 336, 447, 323,

147, 148 & 149 IPC and Section 27 of Arms Act against the

accused petitioners and one Darshan Singh, and the investigation

commenced. Learned counsel also submits that after investigation,

the concerned investigating office did not find the offences to be

made out under Section 307 & 336 IPC and Section 27 of the

Arms Act, but found the offences under Sections 308, 427, 341,

325 & 34 IPC to be made out, and accordingly, charge-sheet was

filed against the present accused-petitioners and the said Darshan

Singh for the offences under Section 308, 447, 427, 341, 323, 325

& 34 IPC before the learned Judi