JAGDISH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the order dated 10-3-1997 passed by the learned Addl. Sessions Judge, Bali whereby he framed the charges against the accused-petitioner for the offences under Sections 307 and 326 read with Section 120-B, I.P.C. in sessions case No. 40 of 1996.

(2.) For appreciating the background of the case, the learned counsel submitted that at the relevant time the petitioner was posted in Govt. Community Health Centre, Takhatgarh District Pali and was residing with his family in the Govt. Quarter situated within the campus of the Hospital. Dr. S.P. Purohit, Dr. Jitendra Choudhary and Dr. (Mrs.) Sobha were also posted in the said Hospital. On account of the roaring practice of the petitioner, relations between petitioner and two other private practitioners viz., Dr. Rama Shanker Awasthi and Dr. Chandan Gandhi became strained because their clientage was adversely affected and they were on the look out for taking revenge on the petitioner. Dr. R.S. Awasthi used to manpulate serious and false complaints against the petitioner mostly involving alleged outraging of the modesty of women. The first false charge of this nature against the petitioner was got levelled by Dr. R.S. Awasthi from one Smt. Manjoo Devi wife of Thanaram Lohar of Takhatgarh. That complaint was subsequently withdrawn by her husband by addressing a letter to the Vice President of Bhartiya Janta Party, Takhatgarh. Since the above complaint did not yield any result, Dr. Awasthi managed another false complaint by one Bhanwari Devi wife of Parasmal. That lady patient consulted the petitioner regarding her abdomonial pain. The false charge alleged against the petitioner by that lady patient was that he outraged her modesty. It was master minded by Dr. Awasthi and he also made a wide publicity of this false charge. On account of wide publicity of these false charges, a large mob assembled before the house of the petitioner and started shouting slongans, pelted stones hitting doors of the main gate of the quarter. The cooler was broken and even the petitioner's Maruti Car was put ablaze. various other articles belonging to the petitioner were also destroyed. On this, the petitioner lodged a criminal complaint upon which a case was registered and challan has also been filed. However, on the complaint of Bhanwari Devi, a case under Section 354, I.P.C. was aslo filed against the petitioner.

(3.) The incident in question occurred during the night intervening 19-6-1996 and 20-6-1996 when Dr. S.P. Purohit was beaten by some unknown assailants. The petitioner was so journeying at Jaipur awaiting his posting orders. He remained there from 16-6-1996 to 22-6-1996. The above assailants who attacked Dr. S.P. Purohit came on a motor cycle in the Hospital and rang the bell of Dr. S.P. Purohit's house. When he opened the door, one of the assailants suddently took out the knife and stabbed Dr. S.P. Purohit in the abdomen. Thereafter, all the three ran away on the motor cycle. It was with the luck and immediate medical help, the life of Dr. S.P. Purohit could be saved. A FIR of this occurrence was lodged at Police Station, Takhatgarh.