RAGHUVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed against the order dated 7.7.2015 passed by learned Addl. Distt. and Sessions Judge No. 2, Alwar in sessions case no. 23/2013 whereby he has dismissed the application of the petitioner filed under Section 193 Cr.P.C. for making the accused.

(2.) Brief facts of the case are that the complainant Kuldeep Singh lodged the FIR under Sections. 323, 341, 325 and 308 IPC against the accused respondent Nos. 2 to 4 at PS. Malakheda, Tehsil and Distt. Alwar on the ground that his grand father is living in our field with my grand mother and they caretaker of my field, on 3.7.2013 at about 11.00 AM on the direction of Delhi Police Inspector Rajendra Singh, his younger brothers Bijendra Singh, Jogendra and Ravindra Singh @ Ravi son of Rajendra Singh came on my field and started to cultivate and ploughing the field, when they were encroaching our field, that time my grand father raised the objection and want to stop the accused persons, thereafter they attacked on my grand father by lethal weapon and caused the injuries to him, four ribs broke down to victim by accused persons, when my grand father calling the phone for our safety, at that time, they snatched pen, diary and 360 rupees from the pocket of victim and goggle throw in the field, thereafter he shouted for our safety, that time my grand mother and other persons came for safety and they saved to victim. Thereafter all the accused persons ran away from the place of incident. Upon hearing the incident, I came on the spot, then whole story was told to me by my grand father in this case. On this allegation, complainant lodged the FIR against accused petitioner.

(3.) During the course of investigation, case was registered, but concerned police was not undertaking fair investigation, therefore, the complainant Kuldeep Singh filed SB Cr. Misc. Pet. No. 2778/2013 before this court wherein four affidavits of Kuldeep Singh, Rajendra Singh, Raghuveer Singh and Smt. Nawal Bai were filled stating therein that investigating officer is not recording statements of witnesses correctly. This court was pleased to pass the order dated 14.8.2013 in presence of IO Prabhudayal, ASI and directed him to record the statements of witnesses under Section 161 Cr.P.C. After investigation, police filed charge-sheet under Section 323, 34t, 325 and 308 IPC against only Bijendra Singh and left other accused persons i.e. Rajendra Singh, Jogendra Singh and Ravindra Singh @ Ravi in spite of ample evidence against them. The case was committed to the court of Sessions Judge where the petitioner filed the application under Section 193 Cr.P.C. for taking cognizance against the accused persons. The learned court below vide order dated 10.7.2014 dismissed the application.