JANGIR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Jangir Singh has preferred this revision against the order of Judicial Magistrate No 2 Hanumangarh, whereby cognizance against him was taken for the offence under section 302/109 I. P. C.

(2.) Briefly stated the facts relevant for the disposal of this revision are these. There is a country liquor shop of Indersen at village Baripura. On the evening of 22.9.1979 two groups were taking drinks at the shop. The one party consisted of P. W. Buta Singh and Darshan Singh deceased son of Budh Singh. The other party comprised of Jagrup Singh and Darshan Singh son of Jangirsingh. Some altercation ensued between deceased Darshan Singh son of Budh Singh and Darshan Singh son of Jangir Singh. Jagroop Singh son of Jangir Singh after conferring with his brother Darshan Singh son of Jangir Singh went to his house. While Praja Singh, Darshan Singh son of Budh Singh and Darshan Singh son of Jangir Singh continued their drinks. Some further abuses were exchanged between theparties. Some how the dispute was settled and Darshan Singh deceased with Buta Singh left for the house. Darshan the liquor shop followed them. When they reached at a distance of about 225' from Singh accused the party saw Jagroop Singh accused and Smt. Baldeo Kaur mother of deceased Darshan Singh coming from the opposite direction. Smt. Baldeo Kaur was entreating with Jagroop Singh to spare her son Darshan Singh. However Darshan Singh accused lit his torch and Jagroop Singh accused fired his gun which hit deceased Darshan Singh resulting in his death. Praja Singh ran and informed Budh Singh of the incident, They came to the scene of incident. A chowkidar was kept near the dead body of Darshan Singh and on the same night at 10.05 Budh Singh lodged the F. I. R. in police station, Sangaria. However, these are not the full facts of the case. It was , also mentioned in the F. I. R. that there was long standing enmity between Budh Singh and Jangir Singh. Budh Singh after hearing the 'rola' asked his wife Baldeo Kaur to bring their son Darshan Singh from the liquor shop. Baldeo Kaur left for the liquor shop. In the way Baldeo Kaur saw Jangir Singh and his son Jagroop Singh armed with the guns. Jangir Singh went towards his house while accused Jagroop ' Singh proceeded towards the liquor shop. One Jagroop Singh witness told Baldeo Kaur that he had heard Jangir Singh exhorting his son accused Jagroop Singh to kill Darshan Singh deceased. The police registered the case and afrer completing the investigation filed a charge sheet against accused Jagroop Singh and Darshan Singh only and it further appears that a final report was given against Jangir Singh. Aggrieved by this Budh Singh filed a protest petition against Jangir Singh in the Court of Judicial Magistrate No.2 Hanumangarh who registered the petition as a private complaint and recorded the statement of Budh Singh under section 200 and the statement of witness Jagroop Singh and Baldeo Kaur under section 202 Cr. P. C. Thereafter the Magistrate issued non-bailable warrants against Jangir Singh after having satisfied himself that there was enough material for proceeding against Jangir Singh also. The police challan and the private complaint were consolidated. Against this order dated 26. 11. 79 of the learned Judicial Magistrate, this revision has been preferred.

(3.) I have heard the learned counsel for the petitioner, the learned Public Prosecutor and Mr. K. C. Gaur learned counsel for the respondent Budh Singh and perused the record of the case carefully. Lengthy arguments were advanced and various authorities were cited. As to the scope of the revision in such cases all of them may not be noticed because the law appears to be well settled by the Highest Court of this land as would be evident from the observations made in the following cases:-