NENA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Sec. 439 Crimial P.C. pertains to F.I.R. No. 124 dated 15.10.98, PS., Gotan lodged by Rama Kishan son of Hari Ram Jat, resident of Kaswa Ki Dhani, Gotan in which he stated about the incident which took place in the night of 14.10.95. He was going on motorcycle with Ramrakh and Tejaram and reached in front of the house of Mangilal of Kaswa Ki Dhani. Ramrakh was driving the motorcycle. A truck was standing infront of the house of Mangilal leaving no room for their motorcycle to proceed further. They stopped the motorcycle. Garibardm, Ram Niwas, Mangilal were standing there. All of them asked why they came there and started beating them by lathis and Dhariya. Nenaram was holding a gun, Garibaram and Ram Niwas were having lathis. Mangilal was armed with Dhariya. Smt. Andai wife of Mangilal, Smt. Jadawali wife of Ram Niwas and Smt. Sohani wife of Nenaram also came with lathis and dragged him and Ramrakh inside the house of Mangilal. Nenaram fired 3-4 shots. He cannot say whether the shots hit Tejaram or not. The police reached there and took them to hospital. However, Tejaram died to the injuries and his dead body was lying in the 'Pol' of the house of Mangilal. The case was registered under Sections 342, 307 and 302 I.PC.

(2.) I have heard the learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. It is vehemently argued that chalian was submitted against only Mangilal and Ram Niwas. The investigation was kept pending against Nenaram under Sec. 173(8) Crimial P.C. Co-accused Garibaram named in the F.I.R. was not challaned. In fact the deceased is Poonaram and the complainant has falsely stated that the shot was fired at Tejaram and he died of the injuries. The F.I.R. Nos. 122 and 123 dated 14.10.95 and 15.10.95 were lodged by the accused party about the incident in which complainant party was aggressor. The prosecution presented the challan and recovery of the gun has been shown from Jairam. Police has recovered instead of gun a lathi from Nenaram. The learned Public Prosecutor and learned counsel for the complainant vehemently opposed the bail application that the accused persons were armed with gun and deadly weapons and charge-sheet has been submitted against them under Sec. 302, 307, 325, 342 I.PC. and 27 Arms Act. It is also urged that if the petitioner is released on bail, the witnesses of the case will be threatened and may not state true facts.

(3.) I have considered the rival arguments and material placed before me. F.I.R. No. 122 dated 14.10.95 has been lodged by Nenaram on 14.10.95 at 5.10 PM. against seven named persons including Ramrakh and Poonaram under Sections 147, 341, 323, 504 read with 149 I.PC. alleging that they alongwith other 30-40 persons stopped his truck transporting stones to Beawar under a contract with R.S.M.D.C. and his drivers were beaten by them. F.I.R. No. 123 dated 15.10.95 was recorded at 1.00 A.M. by Shri Krishan, S.H.O., Gotan that when he reached Kaswa Ki Dhani on a telephonic message from Mangilal that several persons came to attack them and some of them have been caught, the persons named in the F.I.R. and 60-70 persons forming an unlawful assembly armed with deadly weapons were standing there and attacked him, Constables Ramchand, Ridhkaran, Jugal Kishore and Head Constable Mohd. Manwar Alam died at the spot due to injuries inflicted by sharp edged weapon. F.I.R. No. 131 dated 14.10.95 was registered on a complaint received under Sec. 156(3) Crimial P.C. for investigation, which was lodged by Jawariram working in the mines of Mangilal regarding the incident by number of persons stopping the trucks carrying stones to Beawar. It appears that there is a dispute between the parties regarding transport of stones to fulfil a contract by the accused party not attached with the truck union.