BRIJENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants herein, three in number, have been summoned by the Court of Special Judge, SC/ST Act, which is in seisin of the trial in respect of FIR No. 53 of 2000, wherein charges for offences under Sections 147, 148, 149, 323, 448, 302/149 of Indian Penal Code (IPC) as well as under Sections 3 and 3(2)(V) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) have been framed. The appellants were not arraigned as accused in the chargesheet. The charges were framed against those who were accused in the chargesheet and prosecution evidence is being recorded. The appellants are summoned as additional accused persons under Sec. 319 of Code of Criminal Procedure, 1973 (Cr.P.C.) to face the trial along with other accused persons. The trial court has passed the Order dated 06.10.2015 on an application filed by the complainant Harkesh Meena under Sec. 319 of Crimial P.C. This order was challenged by the appellants before the High Court. However, the High Court has dismissed the revision petition preferred by the appellants on 11.01.2016.

(2.) Factual details pertaining to the FIR and registration of case against other persons as well as filing of the application by the complainant under Sec. 319 of Crimial P.C. and the orders therein are as under:

(3.) FIR was registered and the matter was investigated by the Investigating Officer (IO). During the investigation, the appellants were also interrogated. They had stated that they are residing at Jaipur and at the time of incident, they were in Jaipur. Thus, plea of alibi was taken by these persons. Appellant No.1 and 2 are in police service and at relevant time they were posted at Jaipur. Appellant No.2 Jagdish has lost his leg while on traffic police duty. Appellant No.3 Bhanu is the appellant's sister's son and claimed that he was also at Jaipur. The police after investigation and considering the evidence with regard to the alibi of the appellants Brijendra, Jagdish (who lost his leg while discharging traffic police duty) and Bhanu, did not find any sufficient and reliable evidence against the appellants and, therefore, did not file any challan against them and kept the investigation pending under Sec. 178(3) Crimial P.C. When the trial court by its Order dated 06.09.2000, without any challan being submitted by the police, directed cognizance of the matter, the appellants filed the S.B. Criminal Revision No. 505/2000 before the High Court and the High Court vide its Order dated 16.04.2009 allowed the Revision and set aside the Order dated 06.09.2000 of the trial court. The High Court, however, made it clear that the said Order dated 16.04.2009 shall be without prejudice to the powers of the Sessions Court to add any person in the array of accused under Sec. 319 Cr.P.C.