HARDEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Aggrieved by the order dated 4.9.2009, passed by the learned Additional Sessions Judge, Fast Track No. 2, Bharatpur, whereby the learned Judge has accepted the application under Section 319 Cr.P.C. and issued process against the petitioner, the petitioner has challenged the same before this Court.

(2.) Brief facts of the case are that on 24-12-2008 on the basis of parcha bayan of Lakhan Singh, a FIR, FIR No. 521/2008, was registered at Police Station Nadbai, District Bharatpur for the offences under Sections 147, 148, 149, 341, 323, and 307 IPC. However, after the death of Lakhan Singh, on the same day, offence under Section 302 IPC was added. After investigation, a charge-sheet was submitted against four persons namely, Chatar Singh, Pooran Singh, Jaideo Singh, and Narendra Singh by the police. Investigation against the present petitioner was kept pending under Section 173(8) Cr.P.C. During the course of trial, the learned trial Judge recorded testimony of seven witnesses, P.W.I to P.W.7. During the course of trial, Sheodan Singh, the complainant, submitted an application under Section 319 Cr.P.C, wherein he claimed that sufficient evidence has come on record during trial to make out a strong case against the present petitioner for his involvement in the alleged offence. Vide order dated 4.9.2009, the learned trial Judge proceeded against the petitioner. Hence, this petition before this Court.

(3.) Mr. Chaturvedi, the learned Counsel for the petitioner has raised various contentions: firstly, the FIR cannot be registered on the basis of statement recorded under Section 161 Cr.P.C.