KHET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, has been filed against the order dated 2/4/2003 passed by the Additional Sessions Judge (Fast Track). Balotra in Sessions Case No. 22/2002, by which the learned court below dismissed the application filed by the petitioner under Section 319 Cr.P.C.

(2.) I have heard learned counsel for the petitioner and the learned Public Prosecutor for the State and also perused the order impugned.

(3.) The Facts and circumstances giving rise to this case, in succinct are that on 28/4/2002. at about 3:30 a.m., one Binjraj Singh S 10 Mangal Singh telephonically informed the police that at about 11:45 p.m., accused Pratap Singh and five six other persons gave beatings to injured Khet Singh by Lathis and axe, he was lying unconscious and blood was oozing out from the injuries. On this telephonic information, the investigation ensued and on completion thereof, the police filed challan against the accused for the offences under Sections 307. 341. 323. 324. 325 of the Indian Penal Code. During pendency of the trial, an application under Section 319, Cr.P.C. was filed by the petitioner for impleading Pratap Singh and Smt. Chandra Kanwar also as accused on the basis of statement of injured Khet Singh which was further supported by the statement of Binjraj Singh. Peer Singh. Sardar Singh. Hem Singh and Umed Singh as well as corroborated by the medical evidence which suggested that the injured was having simple and grievous injuries on his person caused by sharp and blunt objects. The said application was opposed by the accused on the grounds that the name of Smt. Chandra Kunwar does not find place in the FIR. the witnesses have given an exaggerated version of the incident; injured Khet Singh himself has stated in the application dated 29/4/2002 (Ex. D. 5) that except Tan Singh. none gave beatings to him. and the complainant side wants to linger on the matter by naming out Pratap. Singh and Smt. Chandra Kanwar also as the accused. The learned trial Court, after considering the facts and evidence on record dismissed the said application under Section 319 Cr.P.C. Hence this revision.