LAWS(RAJ)-2011-12-176

AMAR SINGH Vs. STATE OF RAJASTHAN AND ORS.

Decided On December 20, 2011
AMAR SINGH Appellant
V/S
State of Rajasthan And Ors. Respondents

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner - Amar Singh challenging the order dated 19.10.2006 passed by the learned Judicial Magistrate, First Class, Banswara, whereby, he has accepted the F.R. No. 7/2006 arising out the F.I.R. No. 19/2006, registered at Police Station Danpur.

(2.) Briefly stated the facts necessary for the disposal of the present revision petition are set out here-in-below. The petitioner filed a report at the Police Station Danpur on 4.12.2004 alleging inter ilia that his son Yashpal Singh had gone to Banswara Court for attending the date of hearing along with accused persons Dilip, Mahesh, Ramesh, Badri, Rakiya, Kailash and Kanesh, who also accompanied him. In the evening, when he came back, at that time, Kalu and Chandra Singh took away Yashpal Singh to the English Liquor Shop, were, Dilip and Mahesh made Yashpal Singh to take liquor and thereafter took him to the 'Dhaba' of one Pankaj Bhandari, where all the persons assaulted Yashpal Singh and also caused injuries to the owner the Dhaba'. Thereafter, the brother of Yashpal Singh namely Govind Singh requested them that he should be permitted to take away Yashpal Singh with him, on which, Dilip told that they will leave Yashpal Singh at his house. But, Yashpal Singh did not return back, on which, a search was made. On 4.12.2004. the complainant came to know that dead body of Yashpal Singh had been found in the well at the Ghodi Tejpur Way. A suspicion was expressed that Yashpal Singh had been done away by these accused persons.

(3.) A complaint with these allegations was filed by Amar Singh in the Court of Addl. Judicial Magistrate, Banswara on 23.1.2006, whereupon, the matter was forwarded to the Police Station, Danpur for investigation under Section 156 Cr. P.C., where, F.I.R. No. 19/2006 was registered and investigation was commenced.