RAMDEO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition u/s 482 Cr. P. C. has been filed against the order passed by the Additional Sessions Judge No. l, Alwar, Camp Laxmangarh, framing charges against the petitioners for offences u/ss 147, 323 and 302/149 IPC, in Sessions Case No. 77/89. The order dated 18. 5. 1992 framing charges against the petitioners is reproduced as under : ***************

(2.) ON 22. 06. 1989, an FIR No. 74/89 was registered at Police Station Kathumar, on the basis of a written report filed by the complainant Ramdayal Sharma. The complainant has alleged in the report that there was a physical fight between him on the one hand and Yadram, Bhikki and Badan Singh, on the other hand, with regard to demolition of common boundary wall, for the purpose of storage of the local manure. When Ramdayal, the complainant, raised an alarm, his younger brother Amarchand came to his rescue. Ramlal, Shyam Lal, Prabhudayal s/o Puran, Bhamboli s/o Mayaram, Birdiram s/o Dharam Singh and Phoolchand s/o Dharam Singh also came to pacify the matter. These persons along with Amarchand were sitting in that very room where all those persons were earlier sitting. After about an hour, when Amarchand went out to ease himself, Badan Singh gave a lathi blow on the head of Amar Chand as a result of which Amar Chand fell down; Bhikki and Yadram gave lathi blows on his abdomen and chest and when other persons came to rescue, Badan Singh went to the roof of his house with the gun. Ram Dayal, the complainant, has further stated that on the roof of the house of Badan Singh, certain other persons including the present two accused petitioners i. e. Ramdeo s/o Nannu and Prabhu Dayal s/o Chiranji were also there and were throwing stones from the roof and did not allow Amarchand to be taken away therefrom. After about half an hour, on the request of Ramlal, Shyamlal, Prabhudayal, Bhamboli, Birdi Ram and Phoolchand, Amarchand was allowed to be taken to Hospital at Nagar, in a tractor. Thereafter, Amar Chand was taken to Alwar where he expired. After the investigation, a challan was filed and on the basis of the challan papers, learned Additional Sessions Judge No. 1, Alwar, who was to hear arguments on the charge, on 18. 5. 1992 passed the order, which has already been reproduced above. Charges u/s 302/147, 149/302 and 323 IPC were framed against Badan Singh, Yadram and Bhikki whereas against the present petitioners Ramdeo and Prabhu Dayal charges u/s 147, 302/149 and 323 IPC were framed. The charge- sheet as has been actually framed, against the present accused petitioners Ramdeo and Prabhu Dayal, is in the same terms. The charges as have been framed against one of the two accused petitioners Ramdeo are reproduced as under : *************

(3.) ACCORDINGLY, I set aside the order dated 18. 05. 1992 and the charges framed in pursuance thereof qua the present two petitioners i. e. Ramdeo and Prabhu Dayal and direct the trial court to consider the entire material, documents and the record of the case and then pass a proper order in accordance with the provisions of Sec. 227 and 228 Cr. P. C. on the question of framing of the charges against the present petitioners and then proceed further in accordance with law. The trial court may decide the question with regard to the framing of the charges as early as possible but in no case, later than the period of one month from the date the record is received. In doing so, the trial court will not be influenced by any observations made in this order on the merits as to whether the charge is made out or not.