RAM CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these petitions have been filed under Section 439, Cr. P.C. in connection with the case arising out of one and the same F.I.R. No. 134/96 registered under Sections 147, 148, 341, 307 and 302 read with Section 149, I.P.C. with the Police Station, Gotan and therefore, both these petitions are being disposed of by this common order.

(2.) Presently stated, the prosecution story, as alleged in the F.I.R. lodged by Ram Niwas and as a result of investigation and after filing of the charge-sheet under the aforesaid offences against the accused-petitioners and one Ram Prakash, is that Ram Niwas (informant) accompanied by Ram Dayal and Mangi Lal, on 28-8-96 at about 6 p.m., after closing his shop situated in Gotal, was proceeding in his jeep towards his village and the jeep was driven by Ram Chandra (deceased). On reaching the bus stand of Gotan, it was found that the accused-petitioners along with six or seven more persons had parked their two tractors on both sides of the road and the accused-petitioners stood in front of the jeep and they obstructed the passage of the same. It was also alleged that Ram Rakh, Ram Prakash and Babu Lal were armed with fire-arms while Ram Niwas and Baxa were armed with iron rod and 'farsi' respectively while rest of the accused-persons were armed with lathis. Ram Rakh fired his 'Katta' (pistol) but he was not hit by the shot and the same missed the target. However, Ram Prakash fired from 'katta' at the driver of the jeep (Ram Chandra) which did not miss the target and instead the same hit on his head and he succumbed to his injury instantaneously. After killing Ram Chandra, all the accused-persons fled away from the scene of occurrence.

(3.) Ram Niwas immediately reached the Police Station and lodged report against the accused-petitioners and their accomplices, on which a case was registered and, lastly, the accused-petitioners, besides Ram Prakash were challaned in the Court of Addl. Civil Judge-cum-Judicial Magistrate, Merta who committed the accused-persons to the Court of the learned Sessions Judge, Merta.