PRATAP SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the order dated 7.11.2001 passed by the Special Judge, Prevention of Atrocities to SC/ST Courts, Balotra adding the applicant Pratap Singh and Chattar Singh as accused for offence under Section 143, 447, 427 I.P.C. and 3(1)(v) of SC/ST Act. The learned Judge has added them as accused in exercise of power under Section 319 of the Code of Criminal Procedure on the basis of the statement of PW-6 Arjun Singh and PW-11 Tulsa Ram.

(2.) It is contended by the learned counsel that the trial judge has committed error in adding the applicants as accused at the fate end of the trial. It is submitted that the incident took place as back as on 1.12.1998. In the F.I.R. the name of about 20 to 25 persons have been given. The names of the applicants Pratap Singh and Chattar Singh does not appear in the F.I.R. The names of the applicants appeared first time during the recording of the statement of PW-6 Arjuii Singh and P.W. 11 Tulsa Ram.

(3.) On the other hand, learned Public Prosecutor and Mr. Rathore, learned counsel for the complainant has supported the order of the trial court. I have considered the rival contention. I have also perused the statement of PW-6 Arjun Singh aced PW 11 Tulsa Ram. It appears that the name of applicants did not appear in the F.I.R. The incident has took place on a trivial issue. The allegation cannot be said to be of serious nature. The trial court is at the fake end. In my view, the trial court before exercising the power under Section 319 of the Code of Criminal Procedure has not appreciated the entire material available on record It was not obligatory for the trial court to add the applicants as accused simply on the basis of the statement of two witnesses referred above.