STATE OF RAJASTHAN Vs. SHAITAN

JUDGEMENT

(1.) HEARD learned counsel for the parties. To decide the reference, it would be appropriate to first refer to the factual matrix which have been rise to the reference for answer of this court.

(2.) ON 14. 8. 2001 Indra Singh Head Constable of P. S. Nasirabad telephonically furnished information given by Ramdhan S/o Ghisa at Police Station Sarwad, to the effect that his father Ghisa who had sustained knife injury has succumbed to the injuries on the way while he was being taken to the Hospital. Having received the information, the SHO along with police personnels reached the Hospital at Nasirabad, where Ramdhan submitted a written report alleging therein that on 14. 8. 2001 at about 12 noon he was going from Nasirabad to his village on a motor cycle. At the crossing known as `12-meel choraha' Ratan, Jiwan, Hanshraj who were taking his father in tractor, made him to stop and informed that accused Amra, Shaitan, Badri and Rameshwar have belaboured Ghisa and Rameshwar has struck knife blow, as a result of which he became unconscious. They hired a jeep and took the injured to the Hospital, where the doctors declared him dead. Thereafter he informed the police at Police Station Nasirabad City. A day earlier, the accused had threatened Ghisa to kill him and so as to give effect to the threat, the accused persons with an intention to kill Ghisa inflicted knife blow on his ribs. The incident was witnessed by Ratan, Jiwan and Hanshraj. It was in these circumstances that the investigating officer completed investigation and submitted charge sheet for offence under Section 302/34 only against two accused, namely Shaitan and Badri. As regards accused Amra and Rameshwar, named in the FIR, the Investigating Officer having found that at the time of incident Amara was at Rampura, while Rameshwar was at Chandigarh did not file charge sheet against them.

(3.) AT the very out set it may be stated that the question formulated by this court vide order dated 10. 2. 2005 is of no consequence, inasmuch as the learned Additional Sessions Judge himself has concluded that it cannot issue process to add other persons as accused, at this stage, in exercise of powers under Section 193 Cr. P. C.