RAMBALIRAJGAR AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition was filed by two accused-petitioners-Rambalirajgar and Kamla Prasad to quash the charges framed against them for offences under section 302 r/w Sec. 120-B IPC. It may be stated that Rambalirajgar has expired and it is admitted position by both the parties, therefore, no order is required to be passed on his petition. However, I have heard learned counsel for the petitioner-Kamla Prasad and learned counsel for the C.B.I.

(2.) Briefly stated, on the basis of a parcha Bayan of Govind Ram dated 6.7.1979, a case under section 307 Penal Code was registered at Police Station Gandhi Nagar, Jaipur. This Parcha Bayan stated that Govind Ram was a Chowkidar and was on duty from 6.00 p.m. to 12 O'clock in the night. At about 9.00 p.m. he heard noise of some 4 or 5 fires from the side of Takhte Shahi Road, Jaipur. Then he saw a crowd of labourers near the building of Reserve Bank of India which was under construction. He did not go there. However, police came then he went and found that a person was lying in injured condition. The injured person was lying unconscious due to the injuries caused by fires. He was S.N. Das Gupta, an officer of the Customs Department. The person who was injured later on died. It was the C.B.I. who investigated the case and submitted challan. Accused-petitioner was charged under section 302 with the aid of Sec. 120 B Penal Code by the learned Additional Sessions Judge, Jaipur District, Jaipur by order dated 17.8.1995 and the order was challenged by this revision petition.

(3.) Learned counsel for petitioner-Kamla Prasad submitted that originally charge-sheet was not filed against the petitioner and that this petitioner has been charged on the basis of a confessional statement of co-accused recorded by the Additional Chief Judicial Magistrate, S.P.E. Cases, Jaipur named Sarabjeet Singh. Learned counsel submitted that there is no evidence of conspiracy that the accused-petitioner could not have been charged on the basis of statement of co-accused and that the petitioner may be discharged.