RAMESHWAR DAYAL Vs. COL. RAM SINGH

JUDGEMENT

(1.) RAMESHWAR Dayal was Congress (I) supporter. In October 1983, he instituted complaint under section 307/148/149 of the Indian Penal Code read with section 25/27 of the Arms Act against Col. Ram Singh accused on the allegations that he exercised his right of vote in 1982 to the Haryana Legislative Assembly. On 20.5.82 at about 1 PM, he along with others was present in the compound of Ahir College, Rewari which is located in front of the residential house of accused Col. Ram Singh. There was gathering of the people awaiting the declaration of the result of the Jatusana Assembly constituency seat. Most of the people constituting that gathering were Congress (I) supporters. Accused Ram Singh was a candidate sponsored by Congress (J). In the compound of the residence of the accused, there was gathering of thousands of people and some persons were inciting the gathering in the Ahir College compound by using abusive language. They were pelting stones at the gathering gathered in "Ahir College" compound. People were expecting that Congress (I) candidate will come out victorious from the Jatusana Assembly Constituency and the people present in the Ahir College compound were raising slogans "Indira Gandhi Jindabad". Police could not control the aggression. In the meantime, Col. Ram Singh accused appeared on the roof of his residential house with gun along with some other persons who were also having guns in their possession. Police personnel were controlling the gathering but the accused fired on the public gathered in the Ahir College compound. As a result of the firing, the complainant received gun shot injuries. Others also sustained gun shot injuries. Persons who had sustained gun shot injuries were taken to Civil Hospital. Case FIR No. 166 was registered on the same day at PS City Rewari. FIR, however, did not represent the true version made by the first informant. It was alleged by Rameshwar Dayal complainant that as accused was Speaker of the Haryana Vidhan Sabha during those days, he did not allow the investigation to be conducted fairly and squarely by the police. In this situation, complainant was left with no other alternative but to approach the court of the Chief Judicial Magistrate, Rewari through complaint under section 307/148/149 of the Indian Penal Code read with Section 25/27 of the Arms Act registered at No. 79-C.

(2.) IN the complaint, the complainant has given the entire background which culminated into this complaint. It is alleged that the accused was having considerable influence/political clout as he was Speaker of the Haryana Vidhan Sabha. Complainant sent many telegrams and applications to the higher echelons of the Police, but no immediate action was taken on FIR No. 166 (ibid) by the police of PS City Rewari. Police investigated the case. Application was moved on 1.6.82 before the Sub Divisional Magistrate, Rewari who issued non-bailable warrants. On 15.6.82, Station House Officer made request for extension of time for the execution of warrants of arrest. Execution of warrants was extended upto 15.7.82. Accused was declared successful to the Haryana Legislative Assembly as Congress (J) sponsored candidate. He joined Congress (I) and was taken as Minister with Transport portfolio. No action was taken on FIR No. 166 (ibid) by the police because of the political clout which the accused was wielding in Haryana. Complainant moved application on 9.8.83 before the Judicial Magistrate First Class, Rewari so that the case was investigated and did not remain in cold storage. Police report was sent for. Report sent by the police was influenced by the accused and the police sent cancellation report. Complainant was not hopeful from the very beginning of justice being meted out to him by the police and, therefore, he instituted complaint (ibid).

(3.) AGGRIEVED by order dated 4.11.96 passed by the Additional Sessions Judge, Rewari, Rameshwar Dayal complainant has knocked the door of this Court through this criminal revision filed under Sections 401/482 Criminal Procedure Code.