SANT RAM AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the accused petitioners against the order dated 8.1.2016 passed by the Addl. Sessions Judge, Neem-ka-Thana, ( 'the trial court' for short hereinafter) in Sessions Case No. 32/2015 by which charges have been framed against the petitioners for the offences u/S. 147, 148, 447 and 302/149 IPC.

(2.) The brief facts of the case are that on 9.6.2011, Mahesh Kumar submitted a written report to the SHO, Police Station, Patan in which he has stated that on 9.6.,2011 at 12 noon his grand father Bhagwana Ram was sleeping in the field under a Neem tree. Then about 30-35 men and women namely; Madan alias Manoj son of Bhoma Ram, Gopi Chand son of Bhoma Ram, Sant Ram son of Ramlal, Birdi Chand son Bhura Ram, Laxminarain son of Chhaju Ram, Rakesh son of Jagdish, Mahaveer son of Sant Ram, Rajesh son Hiralal, Kashi Ram son of Birdi Chand, Hawa Singh son of Ram Kuwar, Mali wife of Pooranmal, Gyan Chand son Chhaju Ram, Dharam Pal son Chhaju Ram, Mahipal son Kailash, Ramli w/o Santaram, Mahipal son Kailash, Ramli w/o Santaram, Rajesh son of Kailash , Sanjay son of Pooran, Jenendra son of Bhoma Ram, Ramswaroop son of Bhoma Ram, Sandeep son of Ramswaroop, Jai Singh son of Pooran, Ramesh son of Ramlal, Ruda Ram son of Bhuraram, Ramkuwar son of Bhurarm, Gajendra son Chhajuram, Chhajuram son of Ramlal, Pooran son of Ramdhan, Lila Ram son of Ramdhan, Vikram son of Lila Ram, Moolchand son of Hiralal having Barchhi, lathis, axe and sharp weapons came there and soon after they started beating his grand father. These persons assaulted on the head and on hands and legs and other parts of body. He was working at nearby well. And when he went there for rescue, these persons gave beating to him from lathis and also gave fists and slaps. Hearing noise, from neighbouring field Inderaj Gurjar who was driving tractor and other persons rushed to the spot and rescued them. These persons are keeping political enmity with his grand father and family for this reason they caused beating. On the basis of this written report, police registered an FIR No. 122/2011 for offences under sections 147, 148, 323 and 302/149 IPC.

(3.) After Investigation, Police submitted charge-sheet against accused Madan @ Manoj for offence under Sec. 302 and 447 Penal Code and the investigation was kept pending under Sec. 173 (8) Crimial P.C. against other persons named in the FIR.