NANU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, Nanu Ram has preferred instant revision petition against the order dated 27.09.2012 passed by the Additional District and Sessions Judge(Fast Track) No. 1, Jaipur District Jaipur(hereinafter referred to as 'the Trial Court'), whereby the learned Trial Court has framed the charges against the petitioner Nanu Ram and other accused persons under Sections 147, 365, 367, 323, 379 and 308/ 149 IPC. The brief facts of the case are that on 11.04.2012, a Parcha Bayan of injured Raju was recorded at S.K. Soni Hospital, Jaipur, wherein he stated that on 10.04.2012, as per the request of Kailash, he alongwith Kailash went to his house in Scorpio vehicle and reached there at about 10 -11 PM. Thereafter, Kailash left him at his house and went for some work. After 15 -20 minutes, 3 -4 vehicles came at the house of Kailash. Suresh and 5 to 7 persons, whose names were not known to him, caught hold of Raju(Complainant) and took him in the dicky of Scorpio vehicle in order to kill him. They dropped him from the vehicle and started beating him by iron pipes and broke his both legs. They also tried to hit on his head by iron pipes, but he, somehow saved himself by holding his hands on the head. Thereafter, they took away Raju's purse, which contained Rs. 3,000/ - and his identity card and threw him in front of the house of Kailash. This incident was seen by Sanjeev and Dharmveer, but due to fear, they ran away from the scene of occurrence.

(2.) ON the basis of aforesaid Parcha Bayan, FIR No. 75/2012 was registered at Police Station Kaladera, Jaipur Rural under Sections 143, 365, 367, 323, 307, 379 IPC. After thorough investigation, the police submitted charge sheet against the present petitioner and five other accused -persons. After going through the evidence contained in the charge sheet, learned Trial Court vide impugned order dated 27.09.2012 framed the charges against the petitioner and other accused under Sections 147, 365, 367, 323, 379 and 308/ 149 IPC. Hence, being aggrieved with the same, present revision petition has been filed by the petitioner before this Court.

(3.) ON the other hand, learned Public Prosecutor has contended that there is prima facie evidence on record against the petitioner. The eye -witnesses to the incident, namely Sanjeev and Dharmveer in their statements under Section 161 Cr.P.C. have specifically mentioned the name of the petitioner, Nanu Ram, who along with other accused persons had abducted Raju from the house of Kailash and as result of beating given by them with iron pipes, Raju (complainant) sustained grievous injury on his left leg and injuries on other parts of the body. Also as per the statement of the complainant Raju, Suresh and 5 to 7 persons, whose names were not known to him, had abducted him from the house of Kailash, beaten him with iron pipes and he has further reiterated the statements of the eye witnesses. Hence, learned Public Prosecutor submitted that the learned Trial Court was absolutely justified in framing the charges for the aforesaid offences against the petitioner.