BHANWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Aggrieved by the judgment 09.06.2009, passed by the Additional Sessions Judge (Fast Track) No.2, Pali, whereby the learned Judge has set aside the judgment dated 29.03.2007, passed by the Additional Chief Judicial Magistrate, Pali and has remanded the case back to the learned Magistrate after allowing the application filed under Sec. 391 Crimial P.C., the petitioner has approached this Court.

(2.) The brief facts of the case are that on 16.07.1992, the Parcha Bayan (Ex-D/1) of Ram Singh, the complainant, was recorded by the SHO, Police Station Kerala, Pali, wherein he claimed that in the morning at 6:30 AM, he had gone to answer the call of nature. While he was completing his morning abulation, he was assaulted by Amar Singh and Bhanwar Singh. While Bhanwar Singh was standing slightly away, Amar Singh caught hold of his neck and threw him down. Amar Singh pulled out a knife from his pocket, and while he was pined him down, he assaulted upon his face, nose, eyes and ears. Despite his shouting for help, on one came to his rescue. After the assault, both Amar Singh and Bhanwar Singh ran away. Once, he returned back to his house, his brother Mohan Singh rushed to the police to lodge a report.

(3.) On the basis of the said Parcha Bayan, a formal FIR was registered for offences under Sections 323, 324, 326 and 307/34 IPC. Subsequently, a charge-sheet was submitted against Bhanwar Singh, the present petitioner, and Amar Singh. In order to support its case, the prosecution has examined thirteen witnesses and submitted twelve documents. In defence, the accused-persons examined three witnesses. After going through the oral and documentary evidence, vide judgment dated 29.03.2007, the learned trial court acquitted the present petitioner and Amar Singh. It is pertinent to point out that during the course of trial, an application had been moved by the petitioner praying inter alia that Rojnamcha with regard to the case be produced before the learned court. However, the prosecution pointed it out to the learned trial court that the said Rojnamcha had been weeded out. Thus, it cannot be produced before the court. Therefore, the application filed by the petitioner was dismissed as infructuous. Further, aggrieved by the judgment dated 29.03.2007, acquitting the present petitioner and Amar Singh, the State filed an appeal before the learned Judge. During the pendency of the appeal, the State also moved an application under Sec. 319 Crimial P.C. inter alia on the ground that the certified / verified copy of the Rojnamcha dated 16.07.1992 is, indeed, available in the file of the Public Prosecutor. Therefore, they would like to produce the said document on record. Vide judgment dated 09.06.2009, the learned Judge not only allowed the said application, but quashed and set aside the judgment dated 29.03.2007 and remanded the case back to the learned trial court with the direction that the certified copy of the Rojnamcha shall be taken on record and the trial court shall examine Mohan Singh, Samandar Singh and one more constable as witness in support of the Rojnamcha. Hence, this petition before this Court.