KAILASH MANJU Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) BY way of instant revision petition, the petitioner seeks to assail legality and validity of the order dated 11.10.2013 passed by the Special Judge, SC/ST Act Cases, Jodhpur in Sessions Case No. 66/2012 whereby charges were framed against the petitioner for the offences under Sections 148, 307, 307 -149, 332 -149, 225, 225(iii) -149 and Section 120B IPC.

(2.) THE case involves a serious allegation of facilitating the escape of undertrial accused Vishna Ram and Kailash Jakhar from judicial custody after gun fires being made in the court premises. The FIR of the incident came to be registered by the Challani Guard Tulsa Ram at Police Station, Udai Mandir, Jodhpur on 14.06.2012 with the allegation that he alongwith the other members of the Challani Guard Party brought the undertrial accused Vishna Ram and Kailash Jakhar to the court premises for attending the date of hearing from Central Jail, Jodhpur. The accused were presented on 14.06.2012 in the Court of Sessions Judge, Jodhpur District. After the break and pursuant to the court hearing being concluded, when the Challani Guard came out of the court premises with the abovenamed under trials , 15 -20 hoodlums assaulted them by sharp edged weapons, country made shotguns and pistols. Three persons namely Kailash Vishnoi, Om Prakash and Ashok Vishnoi were specifically named in the FIR. It was alleged that accused attempted to snatch weapons of the Challani Guard in the attempt to stage the escape of Vishna Ram and Kailash Jakhar. Cross firing took place between the parties and ultimately the accused managed to escape with Kailash Jakhar and took him away in a black colored Scorpio bearing registration number GJ 7777. One Pickup vehicle belonging to the accused was left behind at the scene of occurrence.

(3.) THREE informations under Section 27 of the Evidence Act were recorded by the Investigating Officer at the instance of the petitioner to the effect that he could get recovered the carbines which he had supplied to the accused who were involved in the main incident. However, it is not disputed that no recovery whatsoever was effected in pursuance of such information. Upon conclusion of the further investigation, a charge -sheet was filed against Om Prakash son of Chaina Ram, the petitioner herein, Pradeep son of Sahi Ram Bhuwal as well as one Mangilal. The learned trial Judge by the order dated 11.10.2013 proceeded to frame charges against the accused petitioner as stated above and hence this revision.