BANNI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On a FIR being lodged, the police, after investigation, filed chargesheet against five persons namely; Banni a Banne Singh, Jagdish Padam, Hukam and Vijay, Banni @ Banne Singh was charged for the offence under sections 306, 498-A and 201 IPC, whereas, other accused were charged of or an offence under section 201 lPC only.

(2.) Subsequently, the complainant filed a complaint before the trial court on 17.2.2000 against four petitioners, alleging offence against them under sections 304-B, 306, 120-B and 201 [PC, on the ground that the police, while making the investigation, has not recorded the statements of material witnesses and even the statements recorded by the police, under section 161 Cr.P.C., have not been correctly recorded.

(3.) On receiving the complaint, the trial court recorded the statement of some of the witnesses produced on behalf of the complainant. Thereafter, the trial court came to the conclusion that, prima facie, a case for the offence under sections 306, 120-B, 498-A and 201 IPC is made out against the petitioners. While taking cognizance against the petitioner Nos. 2, 3 and 4 also, vide order dated 11.7.2000, the trial court issued summons for the petitioners Nos. 2 and 4. The order dated 11.7.2000, passed by the trial court, is under challenge in this revision petition.