MAHAVEER BHATI Vs. STATE

JUDGEMENT

(1.) The present revision petition under Sec. 397/401 Cr.P.C. has been filed by the petitioner against the order dtd. 20/11/2019 passed by learned Additional Sessions Judge, No.1, Nagaur in Sessions Case No.02/2018 whereby learned Judge framed the charges against the petitioner for offence under Ss. 307/149, 326/149, 120B IPC.

(2.) Facts in brief are that on 11/9/2017, complainant/respondent No.2 Subhash gave a written report at Police Station Kotwali Nagaur to the effect that when he along with his brother Prema Ram were sitting at a tea stall, at that time, accused Surendra @ Surya accompanied by another individual, came on a motorcycle and fired a gunshot at them, which struck his brother Prema Ram. A second gunshot was also fired, but missed its target, after which the assailants fled the scene. On this report, the police registered FIR No.393/2017. After investigation, the police filed charge-sheet against the accused persons including the present petitioner before the competent court and after arguments on charge, charges for offence under Ss. 307/149, 326/149, 120B IPC were framed against the present petitioner. Hence, this revision petition.

(3.) Learned counsel for the petitioner submits that neither the name of the present petitioner was mentioned in the FIR, nor the injured and other witnesses named the petitioner in their statements. The petitioner has been implicated in this case only on the basis of an interrogation note of co-accused, according to which, the co-accused resided in the house of the petitioner. Except that, there is nothing on record which connects the present petitioner with the alleged crime. Thus, the aforesaid charges have not been made out against the present petitioner. Hence, the impugned order of framing charge is per-se illegal and deserves to be quashed and set aside.