ABDUL LATIF Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this common order, all - mentioned two revision (sic.) petitions filed by the revisionists herein - above, are being disposed as they have been directed against a common order passed on 1.2.2005 by learned Additional Sessions Judge (Fast Track) No. 1, Ajmer, in Sessions Case No. 125/2004, whereby complainant's application filed under Sec. 319 of the Code of Criminal Procedure (herein - after referred to as 'the Code'), had been allowed and cognizance against other accused, including the present petitioners, had been taken.

(2.) Briefly stated facts of the case, relevant for the purpose of disposal of this petition are, that at the instance of respondent no. 2, FIR 106/2004 for offence under Sec. 302 read with 34 Penal Code was registered at Police Station Dargah, Ajmer, on 29.7.2004, by Mohd. Arif against seven accused persons, alleging therein that when his brother Mohd. Sadiq (deceased), on his way to home at about 8.00 p.m., stopped at a shop for cigarette smoking, seven named persons armed with knives, lathies, sariyas, bottles, etc., inflicted injuries on his body, consequent whereto, he died at the spot. It was also alleged that they had previous enmity with one Hanif, who had constructed a house in their neighbourhood.

(3.) After usual investigation, the police filed charge - sheet against three persons only viz. Mushtaq, Abrar and Vakil, for offences under Sec. 302 read with 34 IPC. The case being exclusively triable by sessions, was committed, which was received by the trial court by way of transfer.