SIPU @ SANDEEP Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant revision petition has been preferred by the petitioner (complainant) challenging the order dated 16.12.2010 passed by the learned Additional Sessions Judge, Sri Karanpur in Sessions Case No.14/2009 (State vs. Rajpal & Ors.) whereby the application filed by the prosecution under Section 319 Cr.P.C. for summoning the respondents no.2 and 3 to face trial with the chargesheeted accused in the above mentioned case for the offences under Sections 302, 323, 341 and 120B IPC, has been rejected.

(3.) Succinctly stated the facts necessary for the disposal of the instant revision petition are that on 4.4.2009 at about 10:15 PM, the petitioner submitted a written report at the P.S., Sri Karanpur with the allegation that he along with his brother Mithu @ Mandeep and Jagtar Singh had gone to Tarsem Singh's shop for fetching sugar. At that time, Ravi @ Bhindi Arora, Kaliya @ Dudi, Bobby Chug, Vicky Arora, Bharat Regar and 2-3 other persons came on the spot. It was alleged that Kaliya and Bobby were armed with pistols whereas Vicky was having a Gandasi and other accused persons were armed with Kapa and Sela. It is further stated that Kaliya fired a shot from his pistol which hit at the chest of the petitioner's brother Mithu. The second fire made by Bobby struck on the forehead of the petitioner's brother and thereafter, Vicky and others started beating the petitioner with gandasis and kapas. When the first informant/petitioner raised a hue and cry, his father Bharat Raj along with Rinku and Raghu Raj came on the spot and on seeing them, the accused persons ran away from the spot. The injured Mithu was referred to the Sri Ganganagar Hospital but on the way to the hospital, he expired.