NUNARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this miscellaneous petition tinder S. 482, Cr. P.C. the petitioners (namely, Nunaram, Rameshwar, Bhagirath, Subh Karan, Birju, Mangaram, Jagdish, Ram Kunwar, Birbal, Ganesharam, Hari Singh, Birju (s/o Hari Singh), Girdhari, Narsa Ram, Hanuman (s/o Asharam), Phoolaram alias Harphool, Bhanwarlal and Smt. Jeevani) praying for quashing of an order dated the 31/03/1989 passed by the Munsif-cum-Judicial Magistrate, Fatehpur whereby he took cognizance against the petitioners in Cr. Case No. 70/88.

(2.) Criminal Case No. 70/88 arises out of a complaint having been filed on 16/11/1988 by respondent, Bhagwana Ram, against the petitioners. Bhagwana Ram (under Section 200, Cr. P.C.) and others namely, Hariram, Ramlal, Harlal, Chandra Ram, Birbal and Narain Singh (ASI) (under Sec. 202, Cr. P.C.) were examined. Thereafter, under impugned order dated 31-3-1989, cognizance has been taken against the petitioners for offences punishable under Ss. 302, 342, 364, 120-B, 147, 148 and 149, IPC.

(3.) Pertinently to mention that before the complaint dated 16-11-1988 out of which the present Cr. Case No. 70/88 arises was filed by Bhagwanaram (present complainant), a written report which was registered as F.I.R. No. 94/88, was lodged by Bhagirathmal (one of the petitioners) on 31/08/1988 at 3 a.m. at Police Station, Fatehpur, relating to an incident alleged to have taken place inside the house of Bhagirathmal in village Tajsar at 10.30 p.m. when he was aroused out of sleep hearing some noise. It had also been stated in F.I.R. No. 94/88 that on awakening, Bhagirathmal saw five intruders (including Sanwarmal - since deceased) standing in the compound of his Haveli; and that, the intruders assaulted Nunaram (one of the petitioners); the in-mates of the house uproared, hearing which the intruders bolted away, except Sanwarmal who was apprehended on the spot. Upon the said allegations in FIR No. 94/88, the police registered criminal case for offences punishable under Ss. 452, 323 and 147, IPC, and the police then started investigation. Narain Singh (ASI) reached the scene of occurrence where he found Sanwarmal tied to a pillar in the verandah having a bleeding injury on his head, besides other injuries including fractures being visible in the right elbow and left knee.