BIRDI CHAND Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) BY this criminal misc. petition, a challenge is made to the order dated 8.3.2011 passed by the Judicial Magistrate, Sikrai, Dausa so as the order dated 28.7.2014 passed by the Additional Sessions Judge, Bandikui, Dausa on a revision petition.

(2.) LEARNED counsel submits that on a FIR, investigation was made by the police followed by a negative final report. It was without proper investigation of the case. As many as 21 persons died apart from injuries to 25 persons, who were peacefully agitating their demands along with others. The police did not refer the post mortem reports and other material, collected during the course of investigation and, at the same time, statements of relevant witnesses have not been taken. The petitioner thus submitted protest petition raising all the issues. Learned Magistrate dismissed the protest petition while accepting negative final report. It was in ignorance of the fact that an offence under section 302 IPC apart from other offence was made out. Twenty one persons died out of the firing by the police and post mortem reports were sufficient to corroborate the allegations. The cause of death has been given therein but conveniently, it was ignored by the police and no credence to it was given by the court while dismissing the protest petition.

(3.) LEARNED PP has opposed the petition.