AARIF Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In a pending prosecution for the offences punishable under Ss. 148, 341, 323, 302 read with Sec. 149 of the Indian Penal Code, 1860, by order dtd. 8/6/2022, the learned Additional Sessions Judge exercised power under Sec. 319 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') and directed that the appellants who were not shown as accused in the charge sheet should be proceeded against with the accused named in the charge sheet. The appellants preferred a Revision Application before the High Court to challenge the said order. By the impugned order, the Revision Application has been dismissed.

(2.) The complainant lodged the First Information Report about the incident of 22/2/2017, which occurred in the morning at around 09.15. The complainant, his father- Shirajuddin, and his mother-Manja were standing near heaps of bricks. At that time, Shahid, Javed, the present appellants, and four to five persons came there and assaulted the complainant's father with iron rods. The father succumbed to the injuries, and even the mother sustained injuries.

(3.) A charge sheet was filed against five other accused. The present appellants were not named in the charge sheet. After evidence of PW-1-Manja (the widow of the deceased) was recorded, by the order dtd. 24/7/2018, the Trial Court took cognizance of the offence against the appellants by exercising the power under Sec. 319 of the Cr.P.C. However, by the order dtd. 16/8/2018, the said order of the Trial Court was set aside by the High Court. The High Court held that in the facts of the case, the Trial Court ought to have recorded evidence of all eyewitnesses and only thereafter ought to have considered the application for invoking the powers under Sec. 319 of Cr.P.C. Therefore, the High Court remanded the application by granting liberty to the Trial Court to pass an appropriate order in the exercise of power under Sec. 319 Cr.P.C. after recording evidence of eyewitnesses. Thereafter, the order mentioned above, dtd. 8/6/2022, was passed by the Trial Court against the appellants under Sec. 319 of Cr.P.C. By the impugned judgment dtd. 4/4/2023, the order of the Trial Court has been confirmed.