SITA RAM S/O SHRI HANUMAN, BY CASTE YADAV, R/O VILLAGE GHEVTA, POLICE STATION VIRAT NAGAR, DISTRICT JAIPUR (RAJASTHAN) Vs. THE STATE OF RAJASTHAN THROUGH PUBLIC PROSECUTOR

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Crimial P.C. has been filed by the petitioner being aggrieved with the order dated 21.12.2015 passed by the Additional Sessions Judge No.2, Nagaur (hereinafter referred to as 'the trial court') in Sessions Case No.7/2015, whereby the application of the petitioner for dropping the proceedings pending against him in Sessions Case No.7/2015 (State Vs. Siyaram & Ors.) has been rejected. Apart from making prayer for setting aside the order dated 21.12.2015, the petitioner has also prayed that the entire proceedings of Sessions Case No.7/2015 pending against him in the trial court may be dropped by this Court while exercising powers under Sec. 482 Cr.P.C.

(2.) Brief facts of the case are that one Bhinyaram submitted a report on 11.11.2007 at Police Station, Nagaur, District Nagaur alleging that he came to know through telephonic message that his son Punamchand has committed suicide by hanging himself. It is alleged by the complainant - Bhinyaram that his son Punamchand along with his wife Bhanwari Devi was living in their own house, whereas he lives with his family in neighbouring house. It is further alleged that he went out for some work on the date of incident and when he returned, his niece Laxman informed him that Mansih and Deepak, who happened to be grandsons of Bhinyaram and sons of the deceased Punamchand, have informed that the door of their father's room is locked from inside. It is stated that Laxman further informed that when he got the door opened, he saw that Punamchand was hanging from a noose.

(3.) The complainant - Bhinyaram has expressed suspicion that Bhanwari Devi, wife of the deceased Punamchand, and Shrawan Jat are responsible for death of his son Punamchand. He also alleged that Punamchand committed suicide because of illicit relation of his wife Bhanwari Devi and Shrawan Jat. On the said complaint, proceedings under Sec. 174 Crimial P.C. were initiated by the police, however, Hansraj Vishnoi, brother of the deceased Punamchand, filed complaint in the Court of Chief Judicial Magistrate, Nagaur against four persons viz. Bhanwari, Shrawan Jat, Laxmanram and the petitioner - Shiv Kumar @ Shivla alleging that the above named persons have murdered the deceased Punamchand and for various other offences. The said complaint filed by Hansraj Vishnoi was forwarded to the police for investigation under Sec. 156(3) Crimial P.C. and the Police Station, Nagaur, District Nagaur registered FIR No.495/2007 for the offences punishable under Sections 323, 347, 302, 460, 201/34 and 120-B Penal Code against the above named three persons as well as against the petitioner. After investigation, the police has filed charge-sheet against the petitioner and other co-accused persons for the offences punishable under Sections 306, 120-B and 323 IPC.