MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Reserved on 13/04/2022 Pronounced on 20/04/2022 1. In the wake of instant surge in COVID ' 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

(2.) This criminal revision petition under Sec. 397 read with Sec. 401 Cr.P.C. has been preferred against the order dtd. 26/7/2021 passed by learned Additional Sessions Judge, Raisinghnagar, District Sriganganagar in Criminal Misc. Case No.13/2017 (CIS No.13/2017), framing charges against the present accused-petitioners for the offences under Ss. 308, 447, 427, 341, 323 and 325 read with Sec. 34 IPC.

(3.) Learned counsel for the accused-petitioners submits that on 4/7/2016, the respondent No.2-Nanak Singh (injured/complainant), while undergoing treatment at Community Health Centre, Sri Ganganagar, gave a parcha bayan to the police, alleging therein that on that date at about 12 o'clock, his son and his nephew, alongwith the injured/complainant were doing work in his agricultural field. At that time, some persons, including the present accused-petitioners entered the agricultural field of the complainant, and accused-Mahendra Singh, who was carrying pistol in his hand, fired upon the son of the injured/complainant, while using abusive language, with an intention to kill him; but somehow his son managed to save his life. Thereafter, when the son of the injured/complainant rushed towards his jeep and started the same, the accused persons surrounded the same, whereupon accused-Balvinder Singh, with an intention to kill the injured/complainant's son opened gunfire, and the pellet whereof hit his lips, resultantly blood started oozing. It was further alleged that accused-Kuldeep Singh was amongst the persons, who attacked the jeep of the complainant and broke the windshield thereof. It was also alleged that thereafter, many acts were done by the accused persons, with a clear intention to kill the complainant party.