CHHOG SINGH Vs. STATE

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Cr.P.C. has been preferred claiming the following reliefs: -

(2.) Brief facts of this case, as placed before this Court by Mr. Vineet Jain, learned Senior Counsel assisted by Mr. Rajeev Bishnoi, appearing on behalf of the petitioners, are that on 4/8/1999, the complainant/respondent no.2 submitted a complaint before learned Additional Chief Judicial Magistrate, Jalore alleging therein that on 30/7/1999, he along with Mod Singh, Achal Singh, Sohan Singh, Jabar Singh, Guman Singh, Narpat Singh, Peer Singh, Jai Singh, and Madan Singh were sitting in their office in Bhuti village. At that time, the accused-petitioners came to the office of complainant/respondent no.2 with sword, Dharia and Lathis and starting abusing and caused sword injury to complainant/respondent no. 2 and other persons. And that, as per the impugned order dtd. 11/10/2001, during the incident, Jai Singh S/o Jog Singh died. And that one of the person Jabar Singh brought the jeep and took away, all injured to Valdara and thereafter, they were taken away to Jodhpur through Pali, and admitted in Mahatma Gandhi Hospital, Jodhpur.

(3.) Learned Senior Counsel for the petitioners submitted that the learned trial court while taking cognizance against the accused-petitioners has not considered the material collected by the investigating agency in totality, as the major part of the allegation of the prosecution has been disbelieved by the learned court below, in view of the fact that the cognizance has not been taken under Ss. 302 and 458 IPC. He thus submitted that there was no justification in proceeding against the petitioners, for offences under Ss. 324/149 and 326/149 of IPC.