AHMAD KHAN Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This revision petition has been filed against the order dated 6.9.2012 passed by the learned Additional Sessions Judge (Fast Track), Balotra, Head Quarter, Barmer whereby the application filed by the petitioner under Sec. 319 Code Criminal Procedure for arraying the respondents Nos. 2 to 8 as accused for the offences under Sections 341 and 302/34 and 120B Indian Penal Code has been dismissed.

(2.) The short facts of the case are that the present petitioner submitted an F.I.R. at P.S. Ramsar, District Barmer against 11 named persons. After investigation, charge-sheet has been filed only against six persons. The present respondents, who were named in the F.I.R., have been left by the police and no charge-sheet was filed against them. After the evidence of PW-7 Ahmed Khan and PW-8 Mehmood Khan, who were the eye-witnesses of the incident, the present petitioner, moved an application under Sec. 319 Criminal Procedure Code, which was rejected. Hence, this revision petition.

(3.) The contention of the present petitioner is that the present respondents have been named in the F.I.R. and also in the statement of eye-witnesses Ahmed Khan and Mehmood Khan. Both these witnesses have categorically stated not only the presence of the respondents but their specific involvement in committing the murder. There is no reason to discard the testimonies of these two witnesses. Hence, the application should have been allowed. Reliance has been placed on Rajendra Singh Vs. State of U.P.and Anr., (2007) 3 SCC (Cri.) 375 , and Y. Saraba Reddy Vs. Puthur Rami Reddy and Anr., JT 2007 (6) SC 460.