MADAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant Criminal Appeal, challenge has been made to the order framing charge dtd. 15/11/2018 passed by the learned District & Sessions Judge, Jaisalmer in Sessions Case No.47/2016, whereby learned trial Judge directed to frame charges against the appellants for the offences under Ss. 148, 341, 323, 364, 365, 367, 379, 307 r.w. Sec. 149 of the IPC & Ss. 3(1)(i)(iii)2(v) of the SC/ST (Prevention of Atrocities).

(2.) Facts in nutshell are that on 11/7/2015, complainant Aaduram submitted a written report to the SHO, Police Station Ramgarh stating therein at about 2:00 p.m. when his brother Babu Ram along with Chandan Singh were proceeding towards Ramgarh on motorcycle, then a white bolero camper, in which 10- 15 people were sitting therein came there and stopped their motorcycle upon which Chandan Singh tried to intervene them but they pushed him and abducted Baburam. Assailants took his brother at an unknown place and gave beatings to him by iron rod, wooden sticks and by sharp weapons resulting which he received injuries on his hands, head, face, broken his legs, he was forced to drink urine and abused. Thereafter, they left his brother near the bridge which was 10 kms. away from Ramgarh and his mobile was also taken by them. It was further stated in the report that the assailants committed the said act because his brother who is a RTI worker and has initiated proceedings against them. On the basis of above, FIR No.77/2015 for the above offences was registered at the Police Station Ramgarh, District Jaisalmer. Thereafter, investigation commenced and injured Babu Ram was examined, 10 injuries were found to be caused by blunt weapons. His both legs and right forearm were found fractured. Dr. R.S. Duggar, who examined the injured opined that injuries caused to the injured Babu Lal were sufficient to cause death in ordinary course of nature, if the same were not treated in time.

(3.) After investigation, prima facie offences under Ss. 148, 341, 323, 364, 365, 367, 379, 307 r.w. Sec. 149 of the IPC & Ss. 3(1)(i)(iii)2(v) of the SC/ST (Prevention of Atrocities). were found proved against the accused from the evidence collected by the agency and charge sheet for the above-mentioned offences came to be submitted before the Court concerned. Thereafter, after taking cognizance of the offences, the learned Sessions Judge heard the parties on the issue of framing of charges. It seems that due weightage was given to the accused and their submissions were considered by the trial Judge and thus, while assuming it to be a fit case for trial, the learned trial Court directed to frame charges against the appellants vide order dtd. 15/11/2018, which is under assail before this Court.