RAJ KUMAR Vs. STATE

JUDGEMENT

(1.) In this petition under Section 482 of the Code of Criminal Procedure (for short "the Code"), the nine petitioners have challenged the legality and validity of the order dated 6.6.1998 passed by the learned Addl. Sessions Judge (ASJ), Delhi summoning the petitioners under Section 193 of the Code before trial has started to stand trial for offence under Sections 302/307/24 along with three other accused persons already challaned.

(2.) Briefly, the facts are that in an incident which took place at about 7.30 p.m. on 19.12.1997, deceased Kesho Ram and his son Dharmender Kumar were attacked by some persons at their House No. 1357, Gandhi Nagar, Delhi in which Kesho Ram had received fatal injuries and his son Dharmender Kumar had received injuries. The deceased was removed to GTB Hospital, Shahdara by his injured son and daughter Sunita at 8.30 p.m. He was found "brought dead". Some one had given information on PCR which was transmitted to Police Station, Gandhi Nagar where DD No. 26-A was recorded at 8.25 p.m. Information of his admission as dead in that hospital was also conveyed to the Police Station where DD No. 27-A was recorded at 8.45 p.m. SI Amrit Raj on receipt of copy of the DD report proceeded to the spot and finding no eye witness there and on spot enquiries made his report that a case under Section 302, Indian Penal Code be registered and FIR No. 267/97 was registered at 9.30 p.m. On the same night, inter alia, statements of Dharmender Kumar and his mother Smt. Saroj were recorded who had made statements as eye-witnesses and had narrated the events and circumstances of the accident, names of assailants, their roles and weapon used by them. They had named the assailants - Pankaj, Rohit, Manoj, Amrit s/o Bobby, Anil, Raja, Sunil, Raj Kumar, Babloo, Ashok, Kamal and Deepak. Statements of Smt. Sunita and Manoj, son and daughter of the deceased were also recorded on the same night who had also stated that their aforesaid brother had told them the aforesaid names of the assailants.

(3.) Post-mortem was conducted on 20.12.1997 at about 11.30 a.m. and the doctor had noted 15 external injuries on the deceased. MLC of Dharmender Kumar showing stab injuries was also taken into possession. It appears Raj Kumar one of the accused who had also been injured had also been admitted in that hospital on the same day and his MLC was also taken into possession during investigation. Accused Raj Kumar @ Raja, Kamal Raj s/o Kesho Ram Sharma and Deepak were arrested on 22.12.1997, the latter two are son and nephew of the deceased. Disclosure statements of these accused were recorded on 22.12.1997 and 23.12.1997. A dagger was recovered at the instance of Raj Kumar @ Raja on 23.12.1997 and in the opinion of the post-mortem doctor, injuries No. 1,4, 7, 10 and 15 are possible with this weapon. Remaining assailants were not arrested. However, a report dated 10.3.1998 under section 173 of the Code was submitted to the Magistrate concerned (MM) against the aforesaid three accused only for offences under Sections 147,148, 149,324,302 and 452, Indian Penal Code and Section 27 of the Arms Act. Regarding the remaining persons named as assailants, it was stated that some of them are absconding and some have been interrogated and further investigation was continuing and if evidence is available, supplementary report will be submitted against them.