RAJENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Section 397/401 of the Code of Criminal Procedure, 1973 (for short, 'the Code' hereinafter) is directed against the order dated 29.8.2005 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sri Ganganagar (for short, 'the trial Court' hereinafter) in Sessions Case No.36/2005, whereby the trial Court dismissed the application filed by the petitioner under Section 319 of the Code. Aggrieved by the order impugned, the petitioner has filed the instant revision.

(2.) I have heard learned counsel for the parties. Carefully gone through the impugned order as also the challan papers filed by the police.

(3.) It is contended by the learned counsel for the petitioner that the name of non-petitioner No.2 has been mentioned in the FIR, bearing No.23/16.1.2005, which was lodged promptly after the occurrence, wherein it has been specifically stated that non-petitioner No.2 Ramesh Singh caused injuries to the present petitioner as well as to deceased Tara Chand. The petitioner himself was examined before the trial Court as PW 3 and made a similar statement. There is direct and cogent evidence, from which it is more than clear that non-petitioner No.2 Ramesh Singh, not being an accused, as committed the offence, for which he Gould be tried together, with the accused already facing trial. According to the learned counsel for the petitioner, despite the evidence against the non-petitioner No.2 available on record i.e. the FIR and the statement recorded under Section 161 of the Code, for the reasons best known to the police, the non-petitioner No.2 was not challaned and when the petitioner himself appeared before the trial Court and made statement on oath and there is specific allegation against non-petitioner No.2 that he caused injuries to the petitioner as well as to deceased Tara Chand, yet the trial Court fell in error in not arraigning the non-petitioner No.2 as an accused in the case.