HARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. Perused the challan papers and other relevant record.

(2.) Stated in succinct the relevant acts are that in the night intervening 21st and 22nd May, 1993, Ditiya Meena alongwith seven others were sleeping in the field near Chainkund Bawdi situated near the outskirts of the town of Pratapgarh. All those persons belonged to Meena community and they had come to Pratapgarh for working as labourers in the nearby kilns. It is alleged that in the night, the police jeep came there from which two police constables, who were in police dress, alighted there of from. One of whom was having a lathi, and they started beating the aforementioned persons. It was the Amavasya night. Ditiya and his companions out of fear, ran away. Thereafter, in the morning, Ditiya and his companions returned to the said field and found that their two family members namely Smt. Surta and a boy Limba were missing. They searched about them and found their dead bodies in the nearby well. Ditiya reported the matter to the police, whereupon initially, the proceedings under section 174 Cr.P.C were conducted. Since the dead bodies had ante mortem injuries, Crime No. 1/94 was registered against two police constables at police station, Pratapgarh for the offence under section 304-A IPC. Later-on, the investigation was handed-over to the AddI. S.P., CID, who after completion of the investigation, found that petitioner Harlal, CI, who was the then SHO, Police Station, Pratapgarh, alongwith Mustaq, driver, and Umrao, Constable, had left the Police Station at about 3 A.M. for patroling duty and returned on the same day at about 5 AM. It also transpired from the investigation that Mustaq and Umrao had inflicted injuries to Ditiya and his companions including the deceased persons. After investigation, a challan was submitted in the court of learned JudI. Magistrate, Pratapgarh against the petitioner and co-accused Mustaq and Umrao under sections 304 & 323 read with 34 IPC, who committed the case to the learned Special Judge, S.C. & S.T. (Prevention of Atrocities) Act Cases cum AddI. Sessions Judge, Pratapgarh. The learned trial Judge after hearing the accused persons and the learned APP and perusing the challan papers ordered for framing the charge against the petitioner and co-accused persons Umarao and Mustaq under sections 304 & 323 read with 34 IPC. Aggrieved by the said order, petitioner HarIal has filed this petition under section 482 Cr.P.C.

(3.) The contention of Mr. Ramgopal Badliwala is that there is not a fringe of evidence collected by the Investigating Officer against the petitioner; that no test identification parade was got conducted and that even after improvement of the prosecution case in the subsequent investigation, prima facie, no case is made out against the petitioner, therefore, the impugned order be quashed and further proceedings against the petitioner be dropped because those amount to abuse of the process of the court.