JALALUNDDIN Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) An incident occurred on 22.06.2017 in a train which was proceeding from Ghaziabad to Mathura. Accused were allegedly assaulted by the complainant's side and seriously injured. In the incident Junaid Ali Khan was killed. An FIR was registered on the complaint of Hasim. Contents thereof are reproduced as under:-

(2.) Pursuant to FIR investigation ensued. Challan was presented against Naresh Kumar under sections 323, 324, 298, 341, 302, 307, 201 IPC and 145 Railway Act and against remaining accused Ramesh Kumar, Rameshwar Dass, Pardeep Kumar, Chander Parkash, Gaurav Sharma under sections 323, 341, 298 IPC and 145 Railway Act. At the time of framing of charge, trial court arraigned Rameshwar Dass as another accused on the basis that he shared common intention with main accused Naresh Kumar to commit the crime. Charge was, thus, framed under sections 298, 323, 324, 341, 307, 302 read with section 34 IPC and 145 Railway Act. Remaining accused were charged for offences under sections 298, 323, 341 IPC and 145 Railway Act. Thereafter trial has made some progress. Fifteen official witnesses cited by the prosecution have been examined. A prayer has been made in the instant petition for transfer of investigation to CBI.

(3.) Mr. R.S. Cheema, learned senior counsel has assailed the investigation. According to him, investigating agency has failed to add section 153A, 153B, 505C, 120B and 149 IPC which were clearly made out in the facts and circumstances of the case. Besides, there are procedural and legal flaws in the investigation. The person(s) who incited violence have not been arraigned as an accused. Mr. Cheema referred to disclosure statements at length and submitted that investigating agency had built up the entire story with a view to exonerate certain accused. It also left out certain serious offences. According to him, presence of other accused at the spot would attract section 149 IPC which has not been invoked. This clearly shows that the investigation is not fair. Besides, indifferent attitude of the investigating agency was clear from the fact that section 153A was not added in the FIR. Calculated distortions, discrepancies had been introduced to derail the investigation. By splitting the final report in two parts, the investigating agency had absolved other accused of serious offences of hatching conspiracy, causing injuries and committing murder. According to Mr. Cheema, the issue that there was a conspiracy to commit murder was ignored by the investigating agency. This conspiracy started when victims were not allowed to alight at Faridabad station and the co-villagers of Rameshwar Dass joined the gang to commit the crime. It is crystal clear that the victims who were traveling in the train from Delhi and their associates who boarded the train from Ballabgarh in order to save their companions, were surrounded and assaulted by the accused with the common object of committing murder. There was also initial conspiracy to commit offences under sections 323, 298, 341, 153A and 505 IPC. The commission of murder was the handy work of unlawful assembly wherein all six accused challaned, were actively involved. The common objective of this unlawful assembly was to commit murder and offences under sections 307, 341, 298, 153A and 505 IPC.