KISHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been preferred against the order dated 17-7-1991 passed by the learned Special Judge, SC and ST (Prevention of Atrocities) Act Cases cum Addl. Sessions Judge, Bikaner, whereby he discharged the accused respondent Vikram Singh for the offence under Section 307, I.P.C. and transferred the case under Section 228(1)(a) Cr. P.C. to the learned C.J.M. to try the remaining offences in accordance with law.

(2.) Now briefly the factual matrix of this case. It appears that on the 'Parcha bayan' of injured Kishan Singh recorded by Shri Bhan Singh A.S.I. on 10-7-1986 at 1.10 a.m., in P.B. M. Hospital, Bikaner, a case under Sessions 307 and 324, I.P.C. was registered at Police Station, Kotgate, Bikaner. The petitioner, in his 'Parcha bayan' stated that on that night at about 12-15 a.m., while he was going to his house and came near the Old Petrol Pump situated near Public Park, Bikaner, on his scooter, a person whose face was rapped-with cloth, came in front of his scooter; that he tried to avoid him; that the said person dealt a blow by some sharp object an the back side of his head with the result that he fell down. Thereafter, the assailant inflicted another blow causing injuries on his right palm and fingers. The assailant also caused injuries on his right and left belows; that meanwhile he caught hold of the weapon of the assailant, which was found to be a 'Khukhari' that he also snatched the cloth wrapped around the face of the assailant, which was untied and he identified that the assailant was Vikram Singh; that thereafter, Vikram Singh, with an intention to kill him, inflicted five-six 'Khukhari' blows on the head causing extensive injuries to him. On the alarm raised by him, Shankerlal came there and that thereupon Vikram Singh fled away. The petitioner also stated in his 'Parcha bayan' that thereafter somebody informed the police; that he was lifted in a police jeep and admitted in the hospital. He also stated that he has taken on rent the house of Vikram Singh for his Company; that Vikram Singh forcibly wanted to eject him therefrom and for that reason, Vikram Singh inflicted injuries to him with an intention to commit his murder. On the same day at about 3.15 a.m., petitioner's dying declaration was also recorded by the learned A.M.J.M., Bikaner. The doctor found as many as seventeen injuries on the person of Kishan Singh including the following six injuries, which were found on various parts of his head :

(3.) The petitioner, who was admitted in the P.B.M. Hospital on; 10-7-1986 as an indoor patient left that hospital on 19-7-1986 without permission of the doctor. Thereafter, he was admitted in the Military Hospital from 19-7-1986 to 28-7-1986 and from there, he was referred and admitted in S.M.S. Hospital, Jaipur from 29-7-1986 to 11-8-1986, where he was operated upon by Dr. V. M. Pande for multiple incised wounds in both hands, which had impaired sensation in his two fingers and inner side of the palms. The X-rayi examination of petitioner's skull and right elbow, however, did not disclose any fractures. The accused respondent Vikram Singh was arrested on 3-3-1987 nd it is alleged that in pursuance to his information, he got recovered a partly blood stained 'Khukhari' and his blood stained clothes from his house on 4-7-1987. After completion of the investigation, a challan was filed against him for the offences under Sections 307, 326, 324 and 323, I.P.C. in the Court of learned CJM, Bikaner, who committed the case on 23-7-1987 to the learned Sessions Judge, Bikaner. On 8-3-1989, the learned Sessions Judge framed charges for the offences under Sections 307 and 326, I.P.C. against the accused respondent Vikram Singh, who filed S. B. Criminal Misc. Petition No. 298/89 * in this Court, which was allowed vide its order dated 18-9-1989 setting, aside the order of the learned Sessions Judge framing charge on the ground that it was not a speaking order. The learned Sessionls Judge was directed to again consider the matter of framing of charge and to pass a speaking order after going through the material on record. The learned Sessions Judge thereafter transferred this case to the Court of learned Special Judge, S.C. and S.T. (Prevention of Atrocities) Act Cases cum Addl. Sessions Judge, who by his impugned order dated 17-7-1991 discharged the accused respondent Vikram Singh for the offence under Section 307, I.P.C. and transferred the case to the learned C.J.M., Bikaner. Hence this revision petition.