GANESHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this Misc. Petition petitioners Ganesha Ram, Om Kumar (Onkar) and Hanuman have challenged the order of learned Additional Sessions Judge, Churu dated 5-12-1998 by which he ordered to frame charge under Section 302 and in the alternative under Section 302/34, IPC against them.

(2.) I have heard the learned counsel for the petitioners as well as learned Public Prosecutor and have perused the record.

(3.) Briefly stated, on 23-1-1997 at 1.30 a.m. Ladu Ram reported to police to the effect that on 22-1-1997 at about 9 p.m. when he was going to meet his mother residing with his younger brother, he heard a noise of 'Maarlo-Maarlo'. He went towards the house of Mamraj and found that Ganesha Ram, Mahavir, Rajuram, Onkarmal and Hanuman were giving beatings to Mamraj. Ganesha Ram was armed with gandasi, Mahavir with a barchhi and the rest of three were armed with lathis. Ganesha Ram inflicted blows by gandasi and Mahavir by barchhi on the head of Mamraj. Mamraj fell down. Then Rajuram, Onkar and Hanuman inflicted lathi blows on the person of Mamraj. Later on Mamraj died. Police registered a case and after investigation filed challan only against Rajuram. Investigation was kept pending against Ganesha Ram, Onkarmal, Hanuman and Mahavir under Section 173(8), Cr. P.C. When challan was submitted, learned Magistrate took cognizance against Ganesha Ram, Onkar, Hanuman and Rajuram and summoned them for committing offence under Section 302, IPC. They were committed to Sessions where charges were framed by the learned Additional Sessions Judge as stated above.