SHANKER RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this petition filed under Section 482, Cr.P.C., judgment dated 30.04.2010 passed by learned Sessions Judge, Merta in Criminal Revision No. 8/2010 is under challenge, whereby, the learned revisional Court dismissed the revision petition filed by the petitioners and upheld the order dated 07.06.2010 passed by Addl. Chief Judl. Magistrate, Merta in Criminal Case No. 19/2010, by which, the said Court took cognizance against the petitioners for offences under Sections 147, 148, 447, 323, 324, 325 and 302/149, I.P.C. upon application filed by the complainant under Section 190(1)(b) of the Code of Criminal Procedure.

(2.) As per facts, in brief, an FIR was registered at police station Merta City on 03.09.2009, in which, an allegation was made by the complainant Gangaram that he and his brother Ram Niwas and Ganesha Ram went in the morning to their agricultural field. When they reached at the field situated in khasra No. 710 accused Pappuram, Ram Niwas s/o Bhanwaru Ram and Sharda came on a tractor at the spot. They were having with them lathi, kulhari (axe) and iron rod and, after reaching at the spot, upon their shouts accused Dhanna Ram, Teja Ram, Shrawan Ram, Shanker Ram and Shanti also came at the spot and gave severe beating to the complainant party. In the FIR, specific allegation was levelled against Dhannaram for having struck with iron rod on the head of Ram Niwas (brother of the complainant), against accused Tejaram for inflicting injury with axe upon the person of the mother of the complainant and, thereafter, he hit axe blow on the head of the brother of the complainant, upon which, his brother Ram Niwas fell down and Dhanna Ram immediately sat in the tractor and crushed his brother Ram Niwas under the wheels of the tractor 3 - 4 times.

(3.) Likewise, Pappu Ram, Ganesha Ram, Shrawan, Sharda, Indra and Jimni also assaulted and beat wife of the complainant. Against accused Shanker Ram, it is stated that he gave beating with lathi when complainant's brother Ram Niwas fell down on the ground which resulted into his death.