BRIJENDRA SINGH AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have challenged the order dated 20.11.2012 passed by the Additional District & Sessions Judge No.3, Bharatpur, whereby he has framed the charges against the petitioners for the offences under Sections 148, 341, 323, 325 or 325/149, 452, 308 or 308/149 Indian Penal Code .

(2.) Brief facts of the case are that on the statement of one Moolchand, a formal FIR, namely FIR No.945/2011, under Sections 147, 148, 149, 323, 341, 308 and 452 Indian Penal Code was registered at Police Station Mathura Gate, Bharatpur. According to Moolchand, on 24.11.2011, while he was sitting in his house, at 10.30 A.M., the accused-petitioners came armed with iron rods, iron pipes, axe and country made pistol. The accused Subedar Brijendra Singh told the other co-accused persons to catch hold of the complainant and to kill him. Dinesh caught hold of the complainant, Moolchand, Ranveer hit him with an axe on his head; Jagveer hit him with iron pipe; Sonu and Jagpal also hit him with iron pipes; Vishu hit him with iron pipe. Subedar Brijendra Singh hit him with a cane. Due to the assault, Moolchand fell on the floor. When he raised hue and cry, his daughter-in-law, Radha rushed to his rescue, but she too was hit by iron pipes; when the accused petitioners saw the other rescuers coming in, they fled from the scene of crime. According to Moolchand, the accused-petitioners had assaulted him and had come to his house in order to illegally occupy his land.

(3.) After a thorough investigation, the charge-sheet was submitted for the aforementioned offences; by order dated 20.11.2012, the learned Judge framed charges as aforementioned. Hence, the present petition before this Court.