AAMIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INCIDENT alleged to have taken place on 1. 10. 2001 at 6. 30 AM. The FIR was lodged on the same date at 9. 45 AM against 43 persons for offence under Sections 307, 302, 326 IPC. The Police, after investigation, filed chargesheet against 37 accused persons. Subsequently during trial an application under Section 319 Cr. P. C. was filed by the Public Prosecutor for impleading four present accused respondents also as accused in the present case. The application was dismissed by the trial court vide order dated 5. 12. 2003. Hence the present revision petition filed by the complainant challenging the above order dated 5. 12. 2003 passed by the trial court.

(2.) LEARNED counsel for the petitioner while referring to the First Information Report as also the statements of three injured witnesses and one eye-witness before the police as also the trial court during trial, submitted that all the four accused respondents have been named not only in the FIR, but also the statements of the witnesses. All the accused respondents were carrying arms and they were actively involved in the incident so far a causing gun shot injuries to the injured persons as alleged in the FIR as also in the statements of the witnesses. It has also been submitted that the plea of alibi as taken by the accused respondent, can only be proved by the respondents during trial and even the police could not have excluded them from the list of accused persons on the ground of alibi at the time of filing chargesheet. LEARNED counsel for the respondents has on the other hand submitted that the trial court has passed a reasoned order after considering the entire material on record.

(3.) THE revision petition stands disposed of accordingly. .