BHAGIRATH Vs. GANPAT

JUDGEMENT

(1.) THIS is an application for revision by Bhagirath against the discharge of the accused Ganpat, Lachman and Harlal in a case under sec. 302 of the Indian Penal Code by the committing Magistrate. A revision was taken to the Court of Session, Jhunjhunu, but it was dismissed. THIS has brought Bhagirath in revision to this Court.

(2.) SEVEN accused, including the three discharged persons, namely, Ganpat, Lachman and Harlal, were reported to have assaulted one Hanuman constable and a few others including Bhagirath and Mangla, on the 7th of May, 1953, with the result that Hanuman died of injuries received by him,and Bhagirath and Mangla received simple injuries. A report was lodged by Bhagirath at police Station, Mandawar naming all the seven persons as the assailants of Hanuman and his party. The police, however challaned only four namely, Sheolal, Gumana, Heera and Rati Ram under sec. 302 I. P. C, but did not challan Ganpat, Lachman and Harlal. A complaint was lodged by Bhagirath against all the seven persons. An enquiry was made in the case challaned by the police as well as the complaint filed by Bhagirath, and the evidence was recorded by the learned Magistrate. Out of the witnesses examined, five, namely, Bhagirath, Mangla, Mala, Jagdev and Budha were examined as eye-witnesses of the occurrence. Two other witnesses,viz, Taru and Moti, who were named in the challan but were not examined by the prosecution, were examined by the learned committing Magistrate as court witnesses. After making enquiry, the learned Magistrate discharged Ganpat, Lachman and Harlal, and committed Sheolal, Ratiram, Gumana, and Heera to the Court of Session, Jhunjhunu. Sheolal was to take his trial under sec. 302 and the remaining three under sec. 323 I. P. C. An application for revision was filed by the Public Prosecutor against the discharge of Ganpat, Lachman and Harlal. The learned Sessions Judge, however, agreed with the Committing Magistrate, and maintained the order of discharge. The charge was amended by the learned Session Judge, and all the four accused committed to his court were charged under sec. 302 read with sec. 34 I. P. C. Bhagirath (hereinafter to be referred to as the applicant) has come to this Court in revision.