TEJPAL Vs. STATE OF RAJASTHAN – RESPONDENT

JUDGEMENT

(1.) The present revision petition has been filed under Section 397 read with Section 402 Cr.RC. to assail the order dated 18.8.2004 passed by the Additional Sessions Judge (Fast Track) No. 2, Jaipur District, Jaipur, in Sessions Case No. 13/2004 (106/2001) (90/99), whereby an application filed by the prosecution under Section 319 Cr.P.C. was allowed and the present petitioner was summoned to stand trial for the offences under Sections 148, 147, 325, 307 and 302/149 IPC.

(2.) The present revision petition was filed in August, 2004. A co-ordinate Bench of this Court on 26.8.2004 in S.B. Criminal Misc. Stay Application No. 284/2004 had stayed the operation of the impugned order till further orders. During the pendency of the revision petition, the i trial proceeded against remaining co-accused. The trial court on 18.8.2007 convicted and sentenced ten co-accused of the petitioner, namely Hanuman Sahai, Jagannath @ Boduram, Kailash Chand @ Dabliya, Harphooi, Kalla @ Kalyan Sahai, Mahesh Kumar, Badri Prasad, Shrawan Kumar, Jai Narayan and Ganpat. Aggrieved against their conviction and sentence, the co-accused of the petitioner had filed D.B. Criminal Appeal No. 1570/2007.

(3.) The present revision petition on 29.3.2011 by the co-ordinate Bench, was ordered to be listed along with D.B. Criminal Appeal No. 1570/2007. Vide a separate judgment of even date, we have decided D.B. Criminal Appeal No. 1570/2007. in the said appeal, we have noted that criminal proceedings were set into motion on the basis of written report (Exhibit-P/1) presented by Anil (P.W. 1) before S.I. Ashok Kumar (P.W. 31), who on 19.5.1999 was posted as SHO, Police Station Govindgarh. In our judgment dated 7.1.2016, we have noted that in the initial FIR, only allegation against the petitioner Tejpal is that his family was earlier in possession of the land. In our judgment dated 7.1.2016, passed in D.B. Criminal Appeal No. 1570/2007, so far as written report (Exhibit-P/1) is concerned, we have noted as under: