JAGDISH AND ANOTHER Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision is directed against the order of the Additional Sessions Judge (Fast Track), Bikaner framing charge against the petitioners for offence u/ss. 302, 302/149, 147, 148 & 364 IPC.

(2.) The relevant facts of the case are that on 5.2.2002 one Ram Niwas lodged a First Information Report at Police Station, Nokha alleging therein that on 4.2.2002 at about 11.30 p.m. while his father Gopiram, uncle Mohanram, Banwari, Manohar S/o Bhanwar Lal & Maniaram were sitting in the tent, a Tata Sumo Jeep arrived and from the vehicle Rai Chand, Bharmal, Pramod, Sunderlal., Premsukh, Maniram, Ramswaroop, Mana Ram, Bhanwar Lal etc. came out and mounted assault on his father. His father became seriously injured and was taken to the hospital, where he died. The police registered a case for offence u/ss. 302, 364 & 323 Penal Code and proceeded with investigation. During investigation one of the injured namely Mohanlal has taken the name of accused-Jagdish & Sita Ram.

(3.) It is submitted by the learned counsel for the petitioners that the names of Jagdish and Sita Ram has not appeared in the First Information Report. It is further submitted that Mohanlal has also taken the name of petitioner in Titamba (supplementary) Bayan. At this stage the effect of non-mentioning of the accused in the FIR cannot be gone into. Prima facie there is evidence against the petitioners to put them on trial. No case is made out for interference by this Court in its revisional jurisdiction.