MADHO SINGH Vs. STATE

JUDGEMENT

(1.) The facts giving rise to this petition under Section 482 of the Code of Criminal Procedure (the Code), are as under:

(2.) A case was registered under Sections 147,148,149,302,307.395 - and 397 read with Section 120- B of the Indian Penal Code (IPC), at Police Station-Gudhagorh, District - Jhunjhunu, vide FIR No. 169/93, dated 16-10-1993 and during the course of investigation of the case, Madho Singh, the Petitioner No.1 and his sons, the Petitioners Nos. 2 to 6, besides 13 other persons, were arrested and challan was filed against 19 persons, i.e., including the six petitioners. Along with the challan-papers, the Investigating Officer also filed documents, showing that the petitioners Nos. 2 and 3. Vijendra Singh and Ranveer Singh were arrested in case FIR No. 185/93 of Police Station, Jhotwara, under Sections 323. 341 and 365 IPC and were sent to Judicial custody in Central Jail on 15-10-1993, under the orders passed by the learned ACJM No. 7, Jaipur City, Jaipur. The documents, submitted along with the challanpapers, also show that Petitioners Nos. 4, 5 and 6, Mahendra Singh. Mahipal Singh and Narendra Singh were arrested under Section 107 read with Section 151 of the Code, on 15-10 1993 by the police of Police Station Itawa, District - Kota and they were produced before the learned ACM., Kota, on 16-10-1993, who remanded them to judicial custody till 29-10-1993, but they were released on ban vide order dated 19- 10-1993. Although, in the FIR, the names of Vijendra Singh, Ranveer Singh. Mahendra Singh, Mahipal Singh and Narendra Singh were mentioned as the persons present along with the others, the name of Madho Singh did not find place in the said document. In the statement of an eye-witnesses, it was mentioned that some of the persons had muffled faces but they appeared to be Vijendra Singh. Ranveer Singh, Mahendra Singh, Mahipal Singh and Narendra Singh, all sons of Madho Singh, After hearing the learned Counsel for the Tparties, the learned Trial Court vide the impugned order dated 4-12-1995, found prima facie case against all the six petitioners under Sections 148, 302/149. 307/149, 323/149 and 324/149, IPC, Feeling aggrieved, the petitioners have approached this Court by filing this petition under Section 482 of the Code,

(3.) On receipt of notice, the learned Public Prosecutor has appeared on behalf of the State of Rajasthan and Shri A.K. Gupta has appeared on behalf of the Respondent No.2, Shimbhu Singh, the complainant.