GHULAM ABBAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Aggrieved by the order dated 11.05.2011, passed by the learned District and Sessions Judge, District Chittorgarh, whereby the learned Judge has framed the charges for offences under Sections 302, 460 and 120B IPC, the petitioners have approached this Court.

(2.) Briefly, the facts of the case are that on 06.01.2007, one Vishal Salvi had submitted a written report before the Police Station Pratapgarh, wherein he claimed that around 7:45 PM, he was sitting in the office of Mr. Giriraj Joshi, Advocate. Suddenly a man walked in to the office and pulled out a fire arm. He placed the fire arm on Mr. Joshi's temple and fired a shot. He also shot Mr. Joshi on the right side of his chest. Mr. Joshi collapsed at the spot; the attacker fled away. On the basis of this report, a formal FIR, FIR No.17/2007, was chalked out for offences under Sections 302, 458 read with Section 34 IPC. During the course of investigation, it was discovered that Ameen Khan, Rosham Khan and Bablu invited Wasim Khan to their house, where they conspired to kill Mr. Giriraj Joshi as he had a land belonging the Idghah and was earning a lot of money from selling the land, but without sharing the money with them. These accused-persons were of the opinion that Mr. Joshi was an obstacle in selling the land and in earning profit. Therefore, they had to get rid him. Subsequently, Bablu met Chunnu in the Pratapgarh Jail, and hired his services for finishing of Mr. Giriraj Joshi. It is Chunnu who had entered the office of Mr. Joshi and had killed him. After completing the investigation, a charge-sheet was submitted against Wasim Khan, Ameen Khan, Bablu @ Sharafatulla Khan, Shakir, Mustaffa and Bauddin for offences under Sections 302, 460, 460 read with Section 120B IPC and for offence under Section 5/25 IPC of Arms Act. Since Chunnu @ Imran and Rosham Khan could not be arrested, the investigation against them was kept pending under Section 173(8) Cr.P.C.

(3.) On 25.01.2008, Chunnu @ Imran surrendered before the learned trial court. Subsequently, on 22.04.2008, a supplementary charge-sheet was filed against him on 22.04.2008.