SANJAY SINGH KACHHWAHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Misc. Petition under Sec. 482 Cr.P.C. has been preferred claiming the following prayer:-

(2.) Brief facts of the case, as the pleaded facts and a perusal of the record would reveal, are that complainant-Mahendra Chhaparwal, his brother-Gajendra Chhaparwal, his uncle-Murli Chhaparwal and Rahul Tamboli were travelling on a motorcycle and a scooty, from Kanhaiya Petrol Pump towards their home, when three of the accused persons, namely, Sunil Lot @ Bunty, Deepak Chandel @ Guddu and Ramesh Chandel opened fire on the complainant party. That as a result of the same, Gajendra Chaparwal was declared dead upon being taken to a hospital, while Rahul Tamboli sustained injuries.

(3.) In the aforesaid factual backdrop, on 22/7/2018, an F.I.R. bearing No. 0299/2018, was lodged at Police Station Ambamata, Udaipur against the aforementioned three accused persons for the offences under Ss. 147, 148, 149, 323, 302, 120-B IPC and under Ss. 3/25 Arms Act, 1959. Upon investigation, a charge-sheet came to be filed on 14/10/2018, whereby four more persons were also arrayed, and charges for the offences under Ss. 5/25 Arms Act, 1959 and under Ss. 3(2) and 5(1) of the SC/ST (Prevention of Atrocities) Act, 1989 (as amended in 2015) were also levelled against all the accused persons, in addition to the charges mentioned in the aforesaid F.I.R.