SHODAN SINGH S/O SHRI RAMJI LAL, BY CASTE THAKUR, RESIDENT OF VILLAGE PIPLA, POLICE STATION CHIKSANA, DISTRICT BHARATPUR Vs. STATE OF RAJASTHAN THROUGH PUBLIC PROSECUTOR

JUDGEMENT

(1.) This criminal miscellaneous petition under Sec. 482 of the Code of Criminal Procedure has been jointly filed by accused-petitioners Shodan Singh S/o Shri Ramji Lal and Lakhan Nai S/o Shri Bhagwat, praying for quashment of order dated 12.04.2016 passed by the Additional Sessions Judge No.3, Bharatpur, in Sessions Case No.04/2016, arising out of F.I.R. No.243/2015, registered with Police Station Chiksana, dated 15.08.2015, whereby he, by invoking Sec. 193 of the Crimial P.C. ordered to summon the accused petitioners by non-bailable warrants, as additional accused, to face trial for various offences.

(2.) A First Information Report No.243/2015 was registered with Police Station Chiksana, for offence under Sections 147, 148, 323, 341, 307 and 302 IPC, on the basis of a written report submitted by one Daya Chand at R.B.M. Hospital, Bharatpur to Padam Singh, ASI of Police. Therein it was alleged by the informant that on that day, when his cousin Rakesh was waiting for a tempo, accused Shodan Singh and Lakhan, accompanied by other accused-persons, encircled him. While accused Shodan Singh and Lakhan were armed with a country made pistols ('katta'), accused Charan Singh @ Lohre had a 'farsa' and others had sticks with them. On seeing them, Rakesh made hue and cry and after hearing the same, Charan Singh, Naresh, Tejpal and Dinesh came to the place of incident. Thereafter, accused Shodan Singh fired a shot from 'katta' at Rakesh, which hit him on the chest, as a result of which, he fell down. Subsequent thereto, Charan Singh tried to intervene but accused Gulab Singh caught hold of him from behind and inflicted a 'farsa' blow on his head, followed by 'lathi' blows by accused Raju and accused Raghuveer. It was further alleged that accused Lakhan Singh reached the terrace of the house of Shodan Singh and opened fire recklessly so that other persons could not intervene. Dead body of Rakesh was lying in the mortuary of the hospital and injured were admitted in the hospital.

(3.) After investigation, the police filed a charge sheet against 10 accused persons (excluding the petitioners and three others named in FIR) for offences under Sections 147, 148, 149 and 302 I.P.C. However, investigation was kept pending against accused Khajan Singh under section 173(8) Crimial P.C. The Judicial Magistrate No.4, Bharatpur, took cognizance of offence under Sections 323, 341, 336, 325, 147, 148, 149, 302 I.P.C. against accused Gulab Singh, Guddu, Kartar Singh, Hori Lal, Charan Singh alias Lohre, Om Prakash, Mukesh, Raju, Raghuveer, Mahesh, vide order dated 08.12.2015. In addition to aforesaid offences, cognizance as against accused Mukesh was also taken for offence under Sec. 3/25 of the Arms Act. Thereafter, he committed the case to the Court of Session Judge, Bharatpur.