VISHAMBHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these applications relate to First Information No.231/1990 P.S. Deeg, as such, they may be disposed of by a common order. The accused-petitioners are facing trial in the aforesaid criminal case alongwith 32 other accused persons. The FIR was lodged by one Fatte S/o Daryav Singh on 17th Aug. 1990.

(2.) From the side of the Complainant party, one Ramjilal @ Ramji had sustained pellet injuries which resulted in his death. Both the accused petitioners were arrested on Sept. 20, 1990.

(3.) The contention of the learned counsel for the petitioners is that the place of incident is an agri field which was in the possession of the accused persons where they had sowed their crop. According to the learned counsel, a revenue suit is also pending with regard to the land in question in the court of S.D.O. Deeg. The learned counsel argued that the members of the Complainant party were agressor, in as much as, they stacked on the accused persons with deadly weapons, including guns causing injuries to, number of accused persons. According to the learned counsel, some of the accused persons have also sustained pellet injuries from gun fires. It was also argued that the accused persons are in jail for the last 19 months or so, but no progress has been made the trial of the case as yet. The learned counsel submitted that even the case has not been committed to the court of sessions for trial, and as such, there is no possibility of the completion of the trial on an early date. It was also argued by the learned counsel that while rejecting the application on 4th July, 1991, this Court had given direction to complete the trial expeditiously within six months. On the other hand, the learned public prosecutor and the learned counsel for the Complainant opposed the applications. The learned counsel for the Complainant also argued that cognizance was taken against some of the accused persons who were left out by the police and the delay was caused as these accused persons had filed a revision petition against the order of taking cognizance.