DUNGAR RAM AND ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these petitions arise out of the same impugned order, namely order dated 15.07.2008 passed by the Additional Sessions Judge Nagaur, whereby the learned Judge has framed charges against Dungar Ram for offences under Sections 302/34, 201 IPC, and also framed the charges against Ram Niwas and Baldev Ram for offences under Sections 302/34, 353 IPC and for offence under Section 150 of the Electricity Act.The brief facts of the case are that Amra Ram who was an under-trainee of the Electricity Department lodged a report at Police Station Bhawanda, District Nagaur, wherein he claimed that in the night of 29.12.2007, he and Rupa Ram, Helper, were going on a motorcycle to village Kaliyas Ki Sarhad. They went to the tubewell of Sohan Ram as they had information that theft of electricity was being committed. According to him, they met Sohan Ram, Baldev Ram, Ram Niwas and five to seven other persons. They were attacked by them. While the complainant escaped from the said place, Sohan Ram started his tractor and ran the tractor over Rupa Ram. Subsequently, these persons took the body of Rupa Ram and gave him electric shock. On this report, the police registered a FIR, FIR No.91/2007, for offences under Sections 302, 332, 353, 201 IPC and under Sections 135 and 136 of the Electricity Act. After a thorough investigation, a charge-sheet was submitted against Sohan Ram for offences under Sections 302, 332, 353, 201 IPC and under Sections 135 and 136 of Electricity Act; against Dungar Ram, a charge-sheet was submitted for offences under Sections 302, 201 IPC and for offence under Sections 135 and 150 of the Electricity Act; against Ram Niwas and Baldev Ram, a charge-sheet wassubmitted for offences under Sections 135 and 150 of the Electricity Act. Vide order dated 15.07.2008, the learned Judge has framed the charges against the petitioners as aforementioned. Hence, these petitions before this court.

(2.) The Mr. J.R. Chawel, the learned counsel for the petitioner, Dungar Ram, has vehemently contended that there is no clear cut evidence that Dungar Ram was even present at the time when Sohan Ram allegedly caused the death of Rupa Ram. Moreover, according to the police, Dungar Ram had helped Sohan Ram in hiding his tractor. However, there is no evidence with regard to this fact. Moreover, the tractor has been recovered from the possession of Sohan Ram. Therefore, as far as Dungar Ram is concerned, he has no connection with the alleged offence.

(3.) Similar contentions have been echoed by Mr. A.R. Choudhary, the learned counsel for Ram Niwas and Baldev Ram.