RAMJI LAL & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision petition under Section 397 read with Section 401 Criminal Procedure Code has been filed by the accused petitioners against the order dated 6.3.2006 passed by the learned Additional Sessions Judge (Fast Track) No.1, Alwar in Sessions Case No. 49/2005 (121/2005) whereby application under Section 319 Criminal Procedure Code has been allowed and the presence of the accused petitioners has been sought through arrest warrants.

(2.) The relevant facts giving rise to this petition are that on 31.7.2005, complainant Hanuman made a written report at P.S. Thanagazi stating therein that when he was grazing his buffaloes in his field his brother Dataram and This wife Mst. Prabhat were sitting in their field under the Babul Tree taking their lunch. At around 1,30 p.m. accused persons suddenly came there with the intention to kill Dataram and assaulted on him, as a result of which, Dataram and Mst. Prabhati received numerous injuries, Then, they fled away from there presuming that Dataram was dead. On the written report, FIR being No. 70/2005 came to be registered at P,S, Thangazi. After due investigation, the charge-sheet was filed against accused Navin, Banwari, Kaluram @ Bullaram and Dholiya . Rajendra for offences under sections 147, 148, 149, 302, 326, 323 and 447 Indian Penal Code. Kaluram . Bullaram and Dholiya Rajendra being juvenile their case-was transferred to the Juvenile Justice Board.

(3.) After examination of witnesses namely; Hanuman PW1, Lalluram Sharma PW2, 1-Iariram PW3, Badri PW4, Ramchandra PW5, Khamburam PW6, Khyali Ram PW7, Kaluram PW8, Giriraj Prasad Gujar Pw9, Mst. Prabhati PW10, Dr. Rajkumar Sain PW11, Gautam Chand Verma P'W12, Heeralal PW13, Shabhudayla PW14, Mst. Mukeshi PW15, Sardar PW16, Leelaram PW17 and Anil Kumar PW18, learned additional Public Prosecutor filed an application under Section 319 Criminal Procedure Code for arraying other accused person which was allowed vide order dated 6.3.2006 vide which accused Banwari and Naveen were convicted for offences under sections 148, 447, 302 read with section 149, 323 read with section 149 Indian Penal Code.