JAL SINGH Vs. STATE OF RAJASTHAN & ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Public prosecutor as well as learned Counsel for Respondent No. 2/complainant.

(2.) This revision petition under Section 397 read with Section 401 Cr.P.C. has been filed against the order dated 06.01.2010 passed by Additional Sessions Judge(Fast Track), Mahwa, District Dausa (hereinafter referred to as 'the Trial Court') in Sessions Case No. 42/2008(24/2005), State Vs. Ramkishan & Ors, whereby the Trial Court has issued process against the petitioner, while invoking its power under Section 319 Cr.P.C. for offences under Sections 148, 307, 325, 323/34 IPC and ordered to summon the petitioner by non-bailable warrant.

(3.) The concise facts of the case are that on 17.03.2013 at about 9.00 PM Jaisingh and Lekhraj went for Holika Dahan and they were attacked by accused Jagdish, Lakhan Singh, Jalsingh, Karan Singh, Banne Singh, Ramkishan who were armed with Dharia, Farsa and Axe. Jal Singh inflicted a blow by Dharia at left side of head of Jaisiram due to which blood started to flow. Ramkishan inflicted blow by lathi on his eyes. Lakhan Singh inflicted blow by Dharia on Lekhraj' head. Jagdish also inflicted blow on the person of Lekhraj and he also took Rs. 1500/- from his pocket. Banne Singh and Karan Singh also gave beatings to them. An FIR No. 87/2003 was registered at Police Station Mahwa and investigation started. After investigation, charge sheet was filed against Ramkishan, Banne Singh, Karan Singh, Lakhan Singh under Sections 341, 323, 325, 307 IPC and the case was committed to the Court of Sessions Judge, Dausa from where the case was transferred to Additional Sessions Judge(Fast Track) Bandikui and thereafter, the case was again transferred to the Court of Additional Sessions Judge Camp Mahwa. Ultimately, the case was transferred to the Trial Court. The Trial Court framed charges against accused persons Lakhan Singh, Ram Kishan, Banne Singh and Karan Singh under Sections 307 or 307/34, 323 or 323/34 IPC. Prosecution examined nine witnesses. At that stage, an application under Section 319 Cr.P.C. was filed by the complainant Bhagwat Singh through Public Prosecutor for summoning Jal Singh and Jagdish Singh as additional accused. Learned Trial Court after hearing the arguments allowed the application vide impugned order dated 06.01.2010 and the present petitioner was ordered to be added as additional accused and summoned through non-bailable warrant. Application to the extent of calling Jagdish as additional accused has been dismissed by the Trial Court. Being aggrieved by the impugned order dated 06.01.2010 passed by learned Trial Court, the accused-petitioner has preferred this revision petition.