KARTAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Aggrieved by the order dated 26.5.2012 passed by the Additional Chief Judicial Magistrate, Deeg, District Bharatpur and by the order dated 25.9.2012 passed by the Additional District & Sessions Judge No.1, Deeg, District Bharatpur, the petitioners have approached this court. By the former order, the learned Magistrate has taken cognizance against the petitioners for offences under Sections 302 and 201 read with 34 IPC. By the latter order, the learned Judge has dismissed the revision petition filed by the petitioners challenging the cognizance order.

(2.) Briefly stated the facts of the case are that one Smt. Angoori filed a criminal complaint before the learned Magistrate against the petitioners. In the complaint she claimed that on 30.8.2009 at 9.00 PM, Kartar (petitioner No.1 before this court) came to her house and asked her the whereabouts of Raman, her son. For, Kartar wanted Raman to plough his field. She told Kartar that since her son just had his dinner, he could not go with him. She told him that his son will come to his farm in the morning and plough the field. However, Kartar did not listen to her. He told her that he is taking her son and would drop him back. Saying so, he took her son alongwith their tractor. Around 10.30 at night, Kartar's nephew came to her house and told her that her son had fallen into a well alongwith the tractor. Hearing the noise, numerous villagers rushed to Kartar's farm. When they pulled out Raman's body, there was a sharp injury on his forehead. When they tried to pump-out the water from his stomach, there was no water in his stomach. But he had died. When the tractor was taken out, its gear was in neutral position and lights were off. She further claimed that Kartar and his family members pressurized her husband and her family members to agree that Raman should not be subjected to a post-mortem and that the case should not be reported to the police. She further claimed that on 2.9.2009, the villagers discovered a 4 ft. long iron rod from Kartar's farm. She further claimed that Manoj and Jeetu told her last night that it is Kartar and other petitioners who have killed her son. They also informed her that they saw Kartar, Chaman and two other persons sitting on Raman's tractor. Thus, she believes that the petitioners have killed her son. The said criminal complaint was sent to the Police Station, Deeg for further investigation under Section 156(3) Cr.P.C. Consequently, the police registered a formal FIR, namely FIR No.612/09, against the petitioners.

(3.) However, after a thorough investigation, the police submitted a negative Final Report. The complainant filed a protest petition. Her statement was recorded under Section 200 Cr.P.C. The statements of her witnesses, Geetam @ Jeetu, Manoj Kumar and Kunwarpal were recorded under Section 202 Cr.P.C. By order dated 26.5.2012, the learned Magistrate took cognizance against the petitioners for aforementioned offences. Since the petitioners were aggrieved by the said order, they filed a revision petition before the learned Judge. However, by order dated 25.9.2012, the learned Judge dismissed the revision petition. Hence, this petition before this court.