RAJESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these petitions are arising out of the impugned order dtd. 30/7/2005 passed by the District and Sessions Judge, Karauli in Sessions Case No. 36/2002 by which charges have been framed against the petitioners-Rajesh, Kalla @ Ramgilas, Chatru @ Chaturbhuj and Pappu @ Chandra Prakash for the offence under Ss. 148, 458, 323, 324, 326, 396 and 397 IPC and under Sec. 11 of the Rajasthan Dacoity Affected Areas Act. At the same time, by the same impugned order, the accused persons namely Shiv Singh, Sodhe @ Soren Singh and Ramkhiladi @ Kakaiya have been discharged from the offence(s) with which they were charge-sheeted.

(2.) Aggrieved by the impugned order dtd. 30/7/2005, Rajesh, Kalla @ Ramgilas, Chatru @ Chaturbhuj and Pappu @ Chandra Prakash have approached this Court by way of filing S.B. Criminal Revision Petition No. 793/2005 and aggrieved by the same order, the State has preferred S.B. Criminal Revision Petition No. 926/2005. Since both these petitions are arising out of the same order, hence after hearing the arguments of both the sides, both the petitions are being decided by this common order. Factual Matrix:

(3.) Facts, in brief, of the case are that the complainant-Brij Mohan lodged a report with Police Station Sapotra, District Karauli on 13/1/2002 stating therein that at about 2.30 A.M. while he was sleeping in the corridor of his house and his wife and daughter were sleeping inside a room and his son and his wife were sleeping in the another room, 5-6 persons entered his house and assaulted him. One of the accused persons tried to inflict knife injury on his person which he resisted by his hand, while the other assailants attacked him with lathis. Hearing his hue and cry, when his wife and son came out of their rooms, the assailants attacked them as well with knife and lathis and inflicted injury on them, due to which their condition became serious. The ornaments worn by his wife Vijay Laxmi and daughter Rekha were taken by the assailants and they also took the cash and ornaments from the box lying in the room. The assailants were wearing pants and shirts and were aged between 25-35 years and he did not know the assailants, but he can identify them, after looking at them. It was also stated in the report that the neighbours -Govind Singhal and Roopchand also came there upon hearing the commotion at his house. Upon this report, the crime No. 7/2002 was registered at Police Station Sapotra, District Karauli for the offence(s) under Ss. 396 and 397 IPC and during the course of investigation, charge-sheet was submitted against the petitioners namely Rajesh, Kalla @ Ramgilas, Chatru @ Chaturbhuj and Pappu @ Chandra Prakash and thereafter, first supplementary charge-sheet was submitted against the petitioner-Shiv Singh and second supplementary charge- sheet was submitted against Sodhe @ Soren Singh, Kakaiya @ Ramkhiladi. All three charge-sheets were consolidated and thereafter the order impugned has been passed by which the charges have been framed against the above accused persons namely Rajesh, Kalla @ Ramgilas, Chatru @ Chaturbhuj and Pappu @ Chandra Prakash and other co-accused persons namely Shiv Singh, Sonde @ Soren Singh and Ramkhiladi @ Kakaiya have been discharged from all the charges. Submissions on behalf of the Petitioners: