RAO RAJA HUKAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this application under sec. 482 of the Code of Criminal Procedure, 1973, Hukam Singh has invoked the inherent jurisdiction of this Court for quashing an order dated 25-2-1975, passed against him by the learned Sessions Judge, Jodhpur, in Sessions Case No. 7 of 1975. The impugned order passed by the learned Sessions Judge is to the effect that Hukam Singh petitioner will be tried for an offence of attempt to murder punishable under sec. 307, IPC.

(2.) THE short facts giving rise to this application under sec. 482, Cr. P. C, may be stated as follows: - Col. Megh Singh lodged a written report of an incident of attempt to murder with the police at police station, Udaimandir, on 20-10-1974 at about 6 pm. It was alleged in the report that on 20-10-1974, at about 4 pm. Hukam Singh accompanied by the son of Maharaja Himmat Singh and other entered the house of Col. Megh Singh, who was at that time taking rest in his bed room on the first floor. Upon being informed that he was required to come downstairs, Col Megh Singh came down. Upon seeing him, Hukam Singh cried in a loud tone that he was a stooge of the Congress and the Jats and that he was responsible for blood-shed of Rajput students in the University campus on 19-10 1974. Hukam Singh further told Col. Megh Singh that if the latter was the leader of Rajput students, he must accompany the former for the purpose of shooting at Jat students. THEreupon, Col. Megh Singh politely requested the petitioner to take his seat under a tree in the compound of his house and not to talk in this heated manner. Hukam Singh turned deaf ears to his request and became violent, took out his pistol cocked it and levelled it at the chest of Col. Megh Singh while saying that he would kill the latter. Maharaja Himmat Singh's son snatched the pistol from Hukam Singh, who, then caught hold of Colonel Megh Singh by his shirt and asked the Colonel to touch his feet. Hukam Singh again aimed his pistol at the Colonel but the latter was rescued by Durag Singh and others who had assembled there on hearing exchange of hot words. THEreupon Col. Megh Singh went inside his house and Hukam Singh ran away from there accompanied by his associates.

(3.) CONSEQUENTLY, I accept the application filed by the petitioner under sec. 482, Cr. P. C. and set aside the order of the learned Sessions Judge, Jodhpur, dated 25-2-1975 and send the case back to him for proceeding according to law in the light of the observations made above. .