KAMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal misc. petition has been filed by accused-petitioner under Sec. 482 Cr.P.C. challenging the order dtd. 23/2/2021 passed by the Session Court, Karauli dismissing criminal revision petition and affirming the order dtd. 27/2/2020 passed by Judicial Magistrate, Karauli taking cognizance for offence under Sec. 323 and 302 IPC read with Sec. 34 IPC against the petitioners, the cognizance has been taken on the protest petition filed by complainant against the negative final report submitted by Police in connection with FIR 83/2014 registered at Police Station Mandrayal, District Karauli and after taking the cognizance, petitioners have been ordered to be summoned through arrest warrant.

(2.) It appears from the record that an FIR No.83/2014 dtd. 24/7/2014 was registered at Police Station Mandrayal, District Karauli stating inter alia that Kamal (petitioner No.1 herein) called Ram Swaroop (deceased) on 17/7/2014 in night at hostel, where other two persons namely Jagdish and Hariom (petitioner No.2 and 3) were also present and a scuffle ensued between them; all three assaulted, Ram Swaroop and he was pushed and dropped from the roof. Ram Swaroop sustained injuries and later on, during treatment scummed to his injuries. This FIR was registered for offences under Ss. 143 and 302 IPC.

(3.) After investigation police submitted negative final report thereafter, complainant filed protest petition on which statements of complainant and witnesses under Sec. 200 and 202 Cr.P.C. were recorded. Judicial Magistrate in the light of statements of complainant and witnesses Chiranji, Matole, Chinti found that it is established that deceased Ram Swaroop was called by Kamal, Hariom and Jagdish to attend party at hostel and thereafter they assaulted with deceased Ram Swaroop. Judicial Magistrate observed that prima facie it is to be ascertained as to whether deceased was pushed from the roof or fell down accidentally. It was observed that on the basis of opinion of doctors deceased died due to injuries which were suffered on 17/7/2014. Witness Ram Murti deposed that, he saw the accused persons, assaulting the deceased. Thus after surfing through the evidence on record as also after recording reasons to disagree with the negative final report, Judicial Magistrate proceeded to take cognizance of offence against all three petitioners vide order dtd. 27/2/2020.