CHANDRA PAL & ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Sec. 482 Cr. P.C. has been filed by the five accused persons, being aggrieved against the order dated 19-4-90 by which they have been charged under Sec. 396 I.P.C. by the Additional District & Sessions Judge, Bundi, in Sessions Case No. 77/89.

(2.) The facts of the case are that in the intervening night of 13th & 14th Feb., 198", a dacoity was committed at the house of one Moharpai in village Bishanpura. It is alleged that in the process of committing the dacoity one Chhotu Lal sustained injuries from Pellets which resulted in his death.

(3.) The prosecution case further is that the miscreants took away three thousands rupees also. A report of the incident was lodged on 14-2-88 at Police Station, Lakheri. Disft. Bundi. The police registered a case vide F.I.R. No. 16/88 under Sec. 395 and 396 I.P.C. After registration of the case, police went to the spot, prepared the site plan and also recovered empty cartridges, pellets etc. from the dead body of the Chhotulal, also, pellets were taken out. The police recovered a country made pistol (Katta) from the accused petitioner Chandrapal on his information under Sec. 27 of the Evidence Act. The statement of the eye witnesses were recorded. After completing the investigation the police submitted a charge-sheet against all the five petitioners.