RAM KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- This Criminal Revision Petition under Section 397 read with Section 401, Code of Criminal Procedure, 1973 (for short 'the Cr. P.C.') has been filed against the order dated 28-3-97 passed by the learned Addl. District Judge, cum- Special Judge, SC/ST (Prevention of Atrocities) Act, Bikaner in Sessions Case No. 91/96.

(2.) Briefly stated, for the disposal of the present petition, the facts giving rise to this petition are that Hazari Ram resident of Chak 19 B. D. lodged FIR No. 129/95 at the Police Station, Khajuwala, District Bikaner on 25-10-95 at 12.30 p.m. reporting at about 7.30 a.m. that he had gone to the field of his son-in-laws Heera Lal and Bhagirath etc. whereat mustard was to be sown with the tractor of Maniram Bishnoi. The accused Ram Kumar resident of Chak 3 B. D. accompanied by his co-accused persons, came armed with a D.B.B.L. who was exclaiming that Randhir Singh and Jagdish should remain there and that he would kill both of them with his gun. He (informant) ran into the 'dhani' of another Hazari Ram and Jagdish returned to his field and the accused-persons rounded up Jagdish who was given beatings with lathis by the co-accused persons of the accused Ram Kumar and, to enable Ram Kumar to shoot Jagdish to death, his co-accused persons released Jagdish and the accused Ram Kumar aimed at and fired a gun-shot towards Jagdish and, meanwhile, Hazari Ram and his son Rameshwar Lal came running for intervention and, as a result, though the gun-shot so dischargd by Ram Kumar missed Jagdish but, anyhow, Hazari Ram, who so came running to the rescue of Jagdish, was hurt with pellets resulting in simple injuries. Hazari Ram asked Ram Kumar as to why did he fire to which Ram Kumar told that he would kill Jagdish, Randhir Singh, Bhagirath and Heera Lal to death. However, some more persons came to the site and, consequently, the accused-persons along with their weapons escaped from the scene.

(3.) On registration of case, investigation was taken up. Hazari Ram was sent to the hospital for examination of injuries whereat he was examined and the Medical Jurist, examining the injuries on 26-10-95, found three bruises on the posterior aspect of the right forearm, right, iliac bone and anterior aspect of the right, thigh caused within a duration of 48 hours from the time of examination of the injuries. A licensed 12 bore D.B.B.L. gun was recovered from the possession of accused Ram Kumar. The police registered an FIR for alleged commission of offences punishable under Sections 336, 323, 307, 147, 148 read with Section 149, I.P.C. as well as under Section 27 of the Indian Arms Act and, on completion of investigation, a charge-sheet under Sections 307, 323 and 341, I.P.C. as well under Section 27 of the Indian Arms Act was filed against the accused-Ram Kumar while Ram Swaroop, Jora Ram and Mala Ram had been charge-sheeted under Sections 307, 341, 323 read with Section 34, I.P.C. in the Court of Addl. Chief Judicial Magistrate, Bikaner who, in turn, committed the case to the Court of Session, Bikaner wherefrom, lastly, the same stands transferred to the present trial court.