MANJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) To quash the order dated 13.7.2007 passed by learned Additional Sessions Judge, Deedwana framing charges against the petitioners, these six petitions under section 397 read with 401 Code of Criminal Procedure are preferred.

(2.) The facts, requires narration for getting the hang of the cases. and the issue of the law raised, are that on 27.6.2006 at 7.30 p.m., Shri Gopal son of Dhannaram undergoing treatment at Government Bangar Hospital, Deedwana made a statement that at about 6.30 p.m. on 27.6.2006 when he was indulged in conversation with Jeewanram in between the shops Pattidhar Boot house and Shiv Furnitures, Godara Market, Deedwana a Specic Bolero Jeep carrying about 10-12 persons including Anandpal Singh and Manjeet Singh arrived at and just on opening the door Anandpal Singh started firing indiscriminately, resulting fire injuries to himself and Jeewanram and also to Pramod, Harphool and Pappu, who were sitting inside Pattidhar Boot House. The firing was made because of old enmity with Jeewanram. On the basis of the statements aforesaid a case was registered at Police Station, Deedwana for the offences punishable under sections 147, 148, 149, 452, 307 and 323, I.P.C. and 3/25 and 27 of the Arms Act. During investigation statements of Gopal and Pramod were recorded as per provisions of section 161, Cr. P.C. and the blood stained clothes of injured persons were recovered. The injured were referred and sent to SMS Hospital, Jaipur for further treatment. Shri Jeewanram and Harphool Jat died during treatment, thus, the offence punishable under section 302, I.P.C. was added for investigation. After thorough investigation the report as per the provisions of section 173, Cr. P.C: alongwith documents relating to material collected during investigation was filed and the case was committed for trial. A separate report was filed relating to accused Shri Vallabh and Nagarmal after their arrest.

(3.) Learned Additional Sessions Judge by order impugned dated 13.7.2007 framed charges against the accused persons including the petitioners. The details relating to the charges framed against the petition- are as follows: <FRM>JUDGEMENT_78_LAWS(RAJ)11_2007.html</FRM>