BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant revision petition under Section 397/401, Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), petitioner is beseeching annulment of order dated 8th of February 2017, passed by Addl. Sessions Judge, Phalodi, District Jodhpur (for short, 'learned trial Court'). Learned trial Court, by the order impugned, allowed the application of second respondent injured (victim), under Section 319 Cr.P.C., 1973 to proceed against petitioner and summoned him as an additional accused in Sessions Case No.23/2013.

(2.) Succinctly stated, facts of the case are that complainant, Ms. Somari w/o Puna Ram Bishnoi, on 25th of August 2008 lodged an FIR with Police Station Bhojasar, inter-alia, mentioning therein that on previous day, i.e. 24th of August 2008, at about 5 AM, when she was asleep at her residence with other family members, accused persons namely Bhanwarlal, Budharam, Rajuram and Bhagwana Ram sons of Bhakar Ram, Bhakar Ram s/o Bhinyaram, daughterin-law of Bhakarram, Bhanwarlal and Punaram sons of Bhagchand, Manohar s/o Nimbaram, Sahiram s/o Manohar, Jagdish s/o Magnaram, Tejaram, Balwantaram, wife of Manohar, Bhojaram and 2-3 others, all residents of Chhitar Bera, Bhojasar, in furtherance of common object, well armed with lathes, Dhariya, Farsha and axe, entered into house and made her and her husband to wake up. The FIR further reveals that all of them threatened complainant and her husband to transfer their agricultural field in their names by executing a registered instrument and when her husband declined to act as per their dictates, Bhanwarlal s/o Bharkar Ram hit Dhariya on his head.

(3.) The FIR also unfurls that all the accused persons became furious on denial of complainant's husband to tow their line, took complainant and her husband to agricultural field and started beating them. It is also alleged in the report that due to grave and serious injuries suffered by complainant's husband, he became unconscious and presuming him to have died, they gave beatings to her also. When the scuffle was going on, complainant's daughters-in-law intervened and came to her rescue and thereupon all the accused persons fled away from the scene of occurrence. On the basis of complaint, FIR bearing No.106 of 2008 against accused persons was registered for offence under Sections 143, 342, 323, 458 and 307 IPC. After investigation, police submitted charge-sheet against some of the accused persons named in the FIR but the present petitioner and few others were given clean-chit.