RAM KARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS miscellaneous petition is directed against the order dated November 21, 1990, passed by the Additional Sessions Judge, Nagaur, by which the learned Additional Sessions Judge rejected the application under Section 319 Cr. P. C. filed by the accused-petitioner,

(2.) THE petitioner, alongwith co-accused Meh Ram, Sukh Ram, Ganga Ram and Seeta Ram, is facing trial for the offences under Sections 147, 148, 302/149 and 342 I. P. C. THE case of the prosecution is that on March 18, 1986, deceased Chain Singh alongwith Madho Singh, and Arjun Singh was going from village Mordi to Kharda. At about 7. 30 p. m. , all the five accused attacked Chain Singh near the house of Laluram. Madho Singh and Arjun Singh were escaped while Chain Singh was belaboured by the accused persons, who died after receiving the injuries caused by the accused-persons. THE prosecution, in support of its case, examined twenty witnesses. THE accused were examined under Section 313 Cr. P. C. and they produced nine witnesses in their defence, When the case was fixed for arguments, at that time an application under Section 319 Cr. P. C. was moved by the accused-petitioner Ram Karan. It was averred in the application that from the statement of PW 14 Badri Ram, a case for taking cognizance against Roopa Ram has been made out and he should be summoned and tried alongwith the petitioner and other -co-accused. THE learned trial Court considered the application of the accused-petitioner and by its order dated November 21,1990, dismissed the application filed by the petitioner. It is against this order that the petitioner-accused has preferred this miscellaneous petition.