GANPAT RAM Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) By way of this revision petition petitioner Ganpat Ram, complainant before the trial court has challenged the legality of the order dated 03.12.2008 passed by the learned Addl. District & Sessions Judge, Deedwana by which the learned trial court dismissed the application filed by the petitioner under Sec. 319 of the Crimial P.C. wherein prayer of petitioner was for taking cognizance against non-petitioners No. 7, 8 and 9, i.e. Nathu Ram, Manju and Smt. Godawari, under Sections 147, 148, 302 r.w. Sec. 149 IPC.

(2.) The case of the prosecution is that a First Information Report was lodged by the petitioner Ganpat Ram in the Police Station Ladnu on 09.07.2009 inter alia alleging that on dated 09.07.2009, in the morning at about 7.30 a.m. his father went to field and after a short hot discussion, Jetha Ram S/o Deva Ram, Hemta Ram, Jetha Ram S/o Nathu Ram, Manju, Prabhudi, Godwari and Muunadi attacked on his father. They were armed with lathies and axes and caused various injuries on the body of Suraja Ram and Surja Ram succumbed to the injuries. On the basis of that report, a Criminal Case No.129/2007 was registered at Police Station Ladnu and investigating commenced. After investigation, police filed charge sheet against five accused persons namely Hemta Ram, Jaita Ram S/o Jetha Ram, Prarmudi, Jetha Ram S/o Deva Ram and Munnudi leaving behind three persons namely Nathu Ram, Manju and Godwari whose names were there in the First Information Report.

(3.) All the five accused persons namely Hemta Ram, Jaita Ram S/o Jetha Ram, Prarmudi, Jetha Ram S/o Deva Ram and Munnudi were tried by the learned trial court and after recording the evidence of 17 witnesses, complainant Ganpat Ram filed an application under Sec. 319 Crimial P.C. and by way of impugned order dated 03.12.2008, the learned trial court dismissed above application.