MADHO RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS misc. petition under Section 482 Cr. P. C. has been filed by the accused petitioners with a prayer that FIR No. 189/97 of the Police Station Pipar City, Dist. Jodhpur may be quashed.

(2.) IT arises in the following circumstances: (i) One Himmat Singh, respondent No. 2 (complainant) filed a complaint before the Judicial Magistrate, Pipar on 19. 7. 97 stating that on 29. 6. 97 his brother Rajendra Singh (hereinafter referred to as the deceased) was in truck No. RJ-19-G/5367 and when he was alighting from the truck through "fatak", at that time Raja Ram, Babu Lal and Ranjeet Singh filed on him and the shot which was fired by Babulal hit the deceased and thereafter Surendra Singh, Ranjeet Singh and Sattu Singh put him on the ground and he was further beaten by Madho Ram and Kalu Singh. Thereafter the deceased died. IT was further stated in the report that the fire which was alleged to have been made by Meghraj, ASI hit the mudguard of the truck.

(3.) I have heard both.