RUPA RAM Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By this petition, the petitioner has challenged the order dated 25.9.2007 passed by the Judicial Magistrate, Merta, taking cognisance against the petitioner for the offence under Section 304 Indian Penal Code as affirmed in revision by the learned Sessions Judge, Merta by his order dated 16.2.2008.

(3.) Succinctly stated the facts of the case are that one Chanderjeet Singh submitted a report at the P.S. Merta City on 21.8.2004 alleging inter alia that his uncle Bhura Ram has gone to Riyan Bari on 19.8.2004 at about 9.00 AM along with Ghisa Ram, Mangla Ram and Rupa Ram Sarpanch for execution of a sale deed in relation to an agricultural land but did not return back until 3.00 PM of 21.8.2004. One Dungar Ram informed him that the body of Bhura Ram was lying on the roof of a room at Chanderjeet's tube well. On this information, Hukma Ram, Karma Ram Jat and Karma Ram Khudkudiya accompanied the first informant and went to his tube well where they saw Bhura Ram lying dead on the roof of the tube well. On an enquiry being made from the villagers, it was revealed that Bhura Ram was last seen with Rupa Ram at the wine shop of Jassa Ram. Thereafter, no body saw him alive. On the basis of this report, inquest proceedings were registered under Section 174 Criminal Procedure Code being Inquest No. 16/2004. The post mortem of the body was conducted and the statements of certain witnesses were recorded. On 3.9.2004, one Prakash submitted a report at Police Station, Merta City with the allegation that his uncle had gone with Ghisa Ram, Mangla Ram and Rupa Ram and these three conspired together and murdered Bhura Ram by administering him poison. On this an F.I.R. No. 188/2004 was registered for the offences under Sections 302 and 120B Indian Penal Code and investigation commenced. During the course of investigation, the statements of various witnesses were recorded and the I.O. at the conclusion of investigation came to the finding that the death of Bhura Ram occurred due to natural cause i.e. heart failure. Thereafter, the investigation was assigned to Dy. S.P., Merta and Additional S.P., Naguar who all concurred with the earlier conclusion of S.H.O., Police Station Merta City that the death of Bhura Ram was due to natural causes and that no offence was made out against the accused persons. The post mortem of the deceased revealed no injures on his body but the viscera were sent for examination to the F.S.L. from where the report was received that there was presence of ethyl alcohol in the viscera of the deceased. Based on the said F.S.L. report, an opinion from the Medical Board was sought and the Medical Board opined that the cause of death of Bhura Ram was excessive consumption of alcohol.