RAMESHWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition under Section 397 Cr. P.C. has been filed by four petitioners, namely, Mohan Lal, Rameshwar Lal, Han Ram and Rugha Ram (added accused persons under Section 319 Cr. P.C.) against the order dtd. 22/1/2002 passed by the learned Special Judge, SC and ST (Prevention of Atrocities) cases, Bikaner passed in criminal case No. 31/2001 by which he allowed the application under Section 319 Cr. P.C. and further took cognizance for offence under Sections 3(1)(X) and 3(1)(V) of the SC and ST (Prevention of Atrocities) Act, 1989 (hereinafter of Atrocities) Act, 1989 (hereinafter referred to as the Act of 1989) against the petitioners and they were ordered to be tried along with accused Jai Kishan.

(2.) It arises in the following circumstances

(3.) In this revision petition, the main case of the learned counsel for the petitioners is that the impugned order dtd. 22/1/2002 passed by the learned trial Court suffers from basic infirmity on the point that the learned trial Judge has not given any cogent reason as to how the present added accused petitioner were involved and further more statement of all the witnesses, namely P.W.1 Jiya Ram, P.W.2 Kalu Ram, P.W.3 Anda Ram and P.W.4 Sukh Ram are vague and therefore, cognizance was wrongly taken against the added accused petitioners.