DULI CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This miscellaneous petition is directed against the order dated 18/02/1992, passed by the Additional Sessions Judge No. 2, Sri Ganganagar, by which the learned Additional Sessions Judge took cognizance against petitioners Duli Chand and Dayal Singh for the offences under Ss. 147, 323/149, 302/149 and 307/149, IPC and issued Warrant of Arrest for seeking their presence.

(2.) The case of the prosecution, as unfolded in the FIR No. 159 of 1991, lodged by Chhinda Singh at Police Station, Hindumalkot, is that in the previous night, at about 9-00 p.m. his son Prithvi Singh was coming on his tractor from the field. When he reached near the house of Jeet Singh, situated in the Chowk, Prakash Singh came before the tractor and untied the hook of the trolly. Jeet Singh, who was armed with a Kripan, inflicted injury on the head of Prithvi Singh, upon which he raised an alarm. Thereupon Mohan Singh and his father Tara Singh and the wife of Mohan Singh went there. Prakash Singh, who was armed with Barchha, inflicted injury on the head of Mohan Singh. Guljar Singh was, also, armed with Barchha, while Jarnail Singh was armed with Kripan. Jarnail Singh inflicted injury with the Kripan on the head of Mohan Singh. Blood started coming from the head of Mohan Singh. Guljar Singh thereafter inflicted injury on the abdomen of Tara Singh. Jeet Singh, also, inflicted injury with Kripan on Tara Singh. Tara Singh, after receiving the injuries, fell down. Mohan Singh, also, fell down and he was protected by his wife Mst. Jogindra Kaur. The accused, also, inflicted injuries to Mst. Jogindra Kaur. Amar Singh, Duli Chand and Dayal Singh, who were standing in the house of Jeet Singh, were giving a 'Lalkara' and were saying," put their houses to fire". Several persons of the village collected there and rescued the injured. Tara Singh, Mohan Singh, Prithvi Singh and Mst. Jogindra Kaur, who received injuries, were brought to the hospital where Tara Singh succumbed to the injuries, The police, after necessary investigation, presented the challan and during the trial, on 4/02/1992, an application under S. 319 Cr. P.C. was moved by the prosecution to take cognizance against the petitioners Duli Chand and Dayal Singh also. The learned Additional Sessions Judge, after considering the evidence on record, came to the conclusion that prima facie it appears from the evidence that Duli Chand and Dayal Singh, whose names have been mentioned in the FIR, have committed the offences along with other accused, namely, Jeet Singh and others, and they should be tried together with other accused. The learned Additional Sessions Judge No. 2, Sri Ganganagar, therefore, took cognizance against the present petitioners Duli Chand and Dayal Singh and issued nonbailable warrants.

(3.) Section 319, Cr. P.C. gives ample powers to the Court at the stage of any enquiry or trial of the offence to take cognizance and add any person not being an accused before it and try him along with other accused if it appears from the evidence that such person has committed any offence, for which he or they should be tried along with other accused. The Court, in such circumstance, may proceed against that person for the offence which he appears to have committed. The powers under S. 319, Cr. P.C. conferred on the Court, are extraordinary and should be used very sparingly and only in the compelling circumstances. In the present case, the police presented the challan against accused Amar Singh. The part assigned to accused Amar Singh, Dayal Singh and Duli Chand is similar. There is sufficient evidence, placed on record by the prosecution, which prima facie makes out the case against the petitioners to proceed with.