STATE OF RAJASTHAN Vs. RAMKISHAN & ORS.

JUDGEMENT

(1.) The State of Rajasthan has preferred an appeal bearing No. 926/2004, complainant-Kailash Chand Goyal has filed a cri. revision petition against the State of Rajasthan bearing No. 460/2004 and a cri. appeal bearing No. 263/2004 has been filed against the State of Rajasthan by the accused-respondents-Ramawtar and Ors. against the same judgment dated 17.02.2004 passed by the learned Additional Sessions Judge (Fast Track) No. 2, Jhunjhunu, in Sessions Case No. (95/2002, 85/2002) 55/2003 by which he has acquitted the accused-respondents namely; Ramkishan, Manoj Kumar, Suresh and Jagdish Prasad from the offence under Sections 148, 458, 435 IPC and convicted and rest of the accused respondents/appellants for the offence under Sections 148, 458, 435 IPC which is as under :

(2.) Brief facts of the case are that in mid night of 10.03.2001 Jagdish and his two sons, Mahavir, Manoj, Sant Kumar, Ram Kishan, Raj Kumar, Balwan, Suresh, Sandeep and 8-10 persons entered in his dwelling house and broken the doors, lit the fire in TV., VCR, Freeze and Clothes. On hearing the noise Mahipal, Ganga Ram, Anil, Jage Ram, Mohar Singh, Shyochand, Somveer and Rotas came on the spot and intervene. The accused respondents also open the fire and empty cartridge are lying in the house and the accused also threatened to his family to kill. On the aforesaid report an FIR No. 53/2001 has been registered at Police Station Surajgarh under Sections 147, 149, 458, 436 IPC and 3/25 Arms Act and started the investigation.

(3.) After the investigation the police filed challan against the 13 accused-persons namely; (1) Ramkishan @ Ramanand @ Ramiya S/o Shrichand (2) Ramotar @ Dholia Sha Chunnilal (3) Mahendra S/o Jagdish (4) Manoj Kumar S/o Mahaveer Prasad (5) Hetram 810 Gopalram Khati (6) Suresh S/o Devidutt (7) Jagdish Prasad S/o Maturam (8) Mahaveer S/o Maturam (9) Santkumar S/o Maturam (10) Leelaram S/o Jagdish (11) Balwan S/o Devidutt (12) Rajkumar S/o Sher Singh and (13) Sandeep S/o Ram Narain before the trial Court and the same was committed under Section 209 of the Cr.P.C. to the Court of Sessions Judge, Jhunjhunu and transferred to the Court of Additional Sessions Judge (Fast Track) No. 2, Jhunjhunu for trial. The learned trial Court has framed the charge against the accused-respondents/appellants for the offence under Sections 148, 458, 436 IPC.