RADHEY SHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners in both the revision petitions have assailed the order dt. 29.9.2005 passed by Additional Sessions Judge (Fast Track), Pratapgarh (for short `the trial court' hereinafter) in Sessions Case No.08/2005, whereby the trial court framed charges against the petitioners for the offences under sections 147, 148, 447, 307/149 I.P.C. and section 3/25 of the Arms Act.

(2.) Since both the revision petitions arise out of common order and between the same parties, therefore, with the consent of the counsel for the parties, both the revision petitions have been heard together and are being decided by this common order. On a report lodged by complainant Dinesh Chandra at police station, Pratapgarh, the police registered a crime report being FIR No.438/2002 against the petitioners and co-accused Akhtar Shah for the offences under sections 147, 148, 447 and 307/34 I.P.C. After usual investigation, a challan was filed against the petitioners and co-accused Akhtar Shah. The trial court by order impugned, framed the charges against the petitioners and co-accused Akhtar Shah for the offences noticed above.

(3.) The prosecution story as set up is that present petitioners Radhey Shyam, Unkar Lal, Bagdi Ram, Jawar Lal alias Jawaria and co-accused Akhtar Shah came in a tractor and trespassed to the field of complainant, who were objected by the complainant party whereupon, these five persons mentioned in the FIR inflicted injuries to Bagdi Ram, father of the complainant by kicks and fists as also by chain; the complainant and his wife saved his father from the petitioners and co-accused Akhtar Shah and went to their house. It is alleged that thereafter petitioner Jawahar Lal alias Jawaria Meena and co-accused Akhtar Shah came on a motorcycle; co-accused Akhtar Shah had a double-barreled twelve bore gun and shouted that he will kill all the family members of the complainant and fired repeated gunshots causing injuries to Bagdi Ram, father of the complainant and a minor Ajay aged about 4 years, the nephew of the complainant.